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03/20/2019 Agreement MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES Big Pine Community Center Repairs BOARD OF COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Sylvia Murphy, District 5 Danny Kolhage, District 1 Heather Carruthers, District 3 Sylvia Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Dir. of Project Management Kevin Madok Cary Knight June, 2018 PREPARED BY: Monroe County Project Management Department 1 Monroe County Engineering Date: June 07, 2018 Job Location: Big Pine Community Park 31009 Atlantis Dr. Big Pine Key FL 33043 Contact: Project Management Johnnie Yongue Yon ue-Johnnie inonroecounty-fl. ov Cell:305-504-4148 Phone:3 05-292-4429 Fax:305-295-4321 Facilities Management Willie DeSantis eSantis-Wllllam(c MonroeCoun!yL L.Gov PROJECT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS Project Overview A Non-mandatory job walk is scheduled for June 11, 2018, 2.00 PM on site at Big Pine Community Park at 31009 Atlantis Dr. Big Pine Key, FL 33043. All Quotes are due by June 15, 2018, 3.00 PM via email to Yon ue-iohnnienmonroecounty-fl. ov or hand delivery at 1100 Simonton Street, Room 2-216, Key West, FL 33040. All Quotes must state they will be good for 120 calendar days from submittal due date. Scope of Work Contractor will be required to provide all labor and materials necessary to reinstall drywall and insulation in all walls and ceilings where it has been removed. Repairs will include all labor and material including but not limited to insulation, drywall, screws, mud, sanding, taping, and painting to install and finish drywall. Some rooms may require new trim and baseboard to match existing walls and finishes. Contractor shall coordinate with Monroe County public works to provide a finished product that closely matches the conditions prior to the hurricane as possible including rehanging lights, power outlets, and moving furniture as necessary. Drywall and insulation was removed due to moisture damage and potential for mold growth following hurricane IRMA. Contractor shall provide final cleaning and a one-year warranty on their work. Locations of work are as follows: EXHIBIT Page 2 of 24 Community Room Ceiling Community Room Perimeter Walls Womens Room Ceiling Upstairs office Ceiling Summary of General Requirements The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. Provide a dumpster, containment bin, or similar device for the collection and containment of construction generated debris. Load, haul, and properly dispose of all construction debris. Furnish all required work site safety equipment. Construction work times shall be limited to: 8.00 AM to 5.00 PM Monday-Friday, unless otherwise requested or required by Director of Project Management. The provided pictures and measurements may be used for estimating purposes. Contractor shall be responsible for any errors or omissions in measurements or pictures provided. Contractor needs to be aware of weather and location and plan accordingly. By signing this agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County web page- LLtp-.//fi-monroecountv.civicplus.com/Bids.asp ?Catl =18 • Insurance Requirements: Workers Comp Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits/Bodily Injury by Disease each employee General Liability $300,000 Combined Single Limit Vehicle $200,000 per Person: $300,000 per Occurrence EXHIBIT Page 3 of 24 $200,000 Property Damage or $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. • The Contractor shall be required to secure and pay for all permits required to perform the work. • The Contractor is required to have all current licenses necessary to perform the work. • Indemnification, Hold Harmless and Defense. 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 Section 725.06, Florida Statutes. 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 EXHIBIT Page 4 of 24 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. • The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury, that their firm executes this proposal with prices arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. ETHICS CLAUSE. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. DRUG-FREE WORKPLACE. By signing this proposal, the undersigned certifies that the Contractor complies fully with, and in accordance with Florida Statute, Section 287.087, the requirements as follows- 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug EXHIBIT Page 5 of 24 counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 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. 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. EXHIBIT Page 6 of 24 (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. EXHIBIT Page 7 of 24 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 EXHIBIT Page 8 of 24 PROPOSAL TO: Monroe County Project Management 1100 Simonton St., Room 2-216 Key West, FL 33040 PROPOSAL FROM: Pedro Falcon Contractors, Inc. 31160 Ave C .Big Pine Key, FL 33043 The undersigned, having carefully examined the Scope of Work, and other Contract Documents including Addenda issued for: Big Pine Community Center Repairs 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 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 undersigned agrees to commence performance of this Project within ten (10) calendar days after the date of issuance to the undersigned by Owner of the Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Substantial Completion of the Project within Sixty (60) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar days thereafter. The Price Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Forty-seven Thousand Five Hundred Thirteen Dollars and Zero Cents Dollars EXHIBIT Page 9 of 24 ------ ---- (Total Project Cost in words) s 47,513,00 (Total Project Cost in numbers) MONROE COUNTY ATTORNEY I acknowledge receipt of Addenda No,(s) PRO D AS TO FORM No. Dated No, Dated HRIS AMBROSIO No. Dated ASSISTANT CO NTY ATTORNEY No.—Dated Date: Le In addition, Proposer states that he/she has included a certified copy of Contractor's License, Monroe County Occupational License and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity, IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duty authorized representatives, as follows: Contractor: Pedro Falcon Contractors, Inc. Mailing Address: 31160 Ave C Big Pine Key, Florida 33043 Phone Number: 305-872-2200 E,1.N.: 59-2550231 ell* Date; 06-14-18 Signed: —711 Christian Brisson (Name Presi ant FKe —G W"llson (Title t t Co Adm ntv AAy Wy inimroor FEDERAL REQUIRED CONTRACT PROVISIONS: The CONTRACTOR and its subcontractors must follow the provisions, as applicable, set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, App. 11 to Part 200, as amended, including but not limited to: 1) lLondis—crirnLtn Loy_Tgn�Qp-qLftunity, -ffX—HI B I'T Page 10 of 24 CONTRACTOR and COUNTY 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. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: (1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has EXHIBIT Page 11 of24 inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. II) Clean Air Act and the Federal Water Pollution Control Act. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). III) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 31413144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination EXHIBIT Page 12 of 24 issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A"). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. i) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. IV) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. V) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. VI) Clean Air Act (42 U.S.C. 7401-7671 g.), Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). EXHIBIT Page 13 of24 VI I) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. VIII) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. IX) Compliance with Procurement of recovered materials as set forth in 2 CFR � 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. X) Americans with Disabilities Act of 1990 (ADA), as amended. The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. XI) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 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 this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below),applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, EXHIBIT Page 14 of24 national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS: a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. (XII) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. XIII) Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its 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 (4) 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, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. XIV) Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. EXHIBIT Page 15 of24 XV) Termination. 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 (5) 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 five (5) calendar days' 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 seven (7) 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 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 Art. IX, Section 2-721 et al. of the Monroe County Code. XVI) The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management (Division) and attached hereto as Exhibit "B". XVII) The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extend allowed and required by law. EXHIBIT Page 16 of 24 Exhibit A Department of Labor Wage Determination EXHIBIT Page 17 of 24 General Decision Number: FL180063 03/16/2018 FL63 Superseded General Decision Number: FL20170063 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 02/23/2018 3 03/16/2018 * ELEC0349-003 03/05/2018 Rates Fringes ELECTRICIAN $ 33.11 12.31 E N G I0487-004 07/01/2013 OPERATOR: Crane All Cranes Over 15 Ton Capacity $ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under $ 22.00 8.80 I RON0272-004 10/01/2017 EXHIBIT Page 18 of24 IRONWORKER, STRUCTURAL AND REINFORCING $ 24.89 10.10 PAI N0365-004 07/01/2017 PAINTER: Brush Only $ 20.21 10.08 SFFL0821-001 01/01/2018 SPRINKLER FITTER (Fire Sprinklers) $ 27.68 18.89 SH EE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) $ 23.50 12.18 SUFL2009-059 05/22/2009 CARPENTER $ 15.08 5.07 CEMENT MASON/CONCRETE FINISHER $ 12.45 0.00 FENCE ERECTOR $ 9.94 0.00 LABORER: Common or General $ 8.62 0.00 LABORER: Pipelayer $ 10.45 0.00 OPERATOR: Backhoe/Excavator $ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 9.58 0.00 OPERATOR: Pump $ 11.00 0.00 PAINTER: Roller and Spray $ 11.21 0.00 EXHIBIT Page 19 of24 PLUMBER $ 12.27 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply $ 14.33 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14.41 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away $ 8.00 0.15 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ------------------------------------------------------------- ------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particularrate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers EXHIBIT Page 20 of 24 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS EXHIBIT Page21 of24 1.) Has there been an initial decision in the matter? This can be- * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position ona wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the AdministrativeReview Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 EXHIBIT Page 22 of 24 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT Page 23 of 24 EXHIBIT "B" MONROE COUNTY FDEM AGREEMENT EXHIBIT Page 24 of 24 DATE(MM/DD/YYYY) �'► �'`� CERTIFICATE OF LIABILITY INSURANCE 10/26/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. CONTACT PRODUCER NAME: Pam Medley - Bowen, Miclette&Britt of Florida, LLC PHONE 407 647-1616 i FAX 407 628-1635—_ 1020 N. Orlando Avenue, Suite 200 _JALC NQ,_Ext):��_---— --- --- �� �-� — E-MAIL certificates bmbinc.com — Maitland FL 32751 e>zD.BES.St-- @---- — — _ INSURERS AFFORDING COVERAGE __ NAIC# _ — INSURERA:Amerisure Insurance Company 19488 -------------------- -- ��--- INSURED PEDROFALCO wsuRERB:Amensure Mutual Insurance Com an i23396 Pedro Falcon Electrical Contractors, Inc. INSURER C c ------=------------ 31160 Avenue C INSURER D Big Pine Key FL 33043-4516 INSURER E: IN----- —— — — — _ — INSURER F: COVERAGES CERTIFICATE NUMBER: 1767564799 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. — ---- -SR- "-------------- INSD' R---- ---T-POLICY EFF POLICY EXP StSOL LIMITS ILTR TYPE OF INSURANCE WVD, POLICY NUMBER MMIDD/YYYY MM/DD/YYYY - A COMMERCIAL GENERAL LIABILITY : Y Y GL2092941 11/2/2018 EACH OCCURRENCE $1,000,000 X � — I I 1 11/212017 _ _ --- ------ -___—_ I DAMAGE TO RENTED $100,000 1 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) --___ — MED EXP(Any one person) 55,000 - - I PERSONAL 8 ADV INJURY S1,000,000 _—_— GENERAL AGGREGATE S2,000,000-- GEN'L AGGREGATE LIMIT APPLIES PER: i --- - - X I PRO_ PRODUCTS-COMP/OPAGG 1, $2,000,000 _ LOC �I POLICY�� JECT .__ f OTHER. f S I i t 11/2/2018 1 L I S1,000,000 A i AUTOMOBILE LIABILITY � Y I Y l 1102017 CA2092939 BODILY INJURY(Per person) 1 S X ANY AUTO 1 - ------ ---- ALL OWNED -"—' SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS �.... NON-OWNED PRO DAMAGE S JI, '..... AUTOS i {-Per accident} --..__ HIRED AUTOS I : I B X UMBRELLA LIAB i X i OCCUR Y I Y �CU2092942 11/2/2017 1 V212018 EACH OCCURRENCE 54,000,000 ^� EXCESS LIAB CLAIMS-MADE (_AGGREGATE — _ 54,000,000 — DED RETENTIONS ' 11/2/2018 I—X_I PER OTH q WORKERS COMPENSATION Y WC2094526 11/2/2017 S?ATUTE _ ER i AND EMPLOYERS'LIABILITY Yam/NNyI li ANY PROPRIETORlPARTNER(EXEOUTIVE M1I II N/A E.L_.__EACH_A_C_CID_ENT 5500_000 _ -- OFFICERCMEMSER EXCLUDED? V - V -- — (Mandatory in NH) ,.. E._L.DISEASE-EA EMPLOYEE( 5500,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 5500,000 I I I I DESCRIPTION OF OPERATIONS!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 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street Suite 2-213 ACCORDANCE WITH THE POLICY PROVISIONS. Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: ADDITIONAL REMARKS SCHEDULE Page I 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 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 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. Project: Big, Pine Park, Shade Structure Retrofitting/New Bocce Courts 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 y Policy Effective Date ,•�, r, 1 ^�545507 20� 94 .._.----------- Policy Expiration Date date Account Number 1,1228245 Named Insured Agency Issuing Company ,. =F Ra r . r FL , r< tiAL Fc c. ., E CONTRACTORS _-PAC 1. a. SECTION It•WH© 15 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 additional 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 "bodily injury" "property damage", or"personal and advertising injury" leading to a claim under this policy. c. 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; we will provide additional insured stratus 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; (b) Rent; (c) Lease; or (d) Occupy; (2) Ongoing operations performed 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 10 15 Pages 1 of 4 .... ...... -- ... -_..... (a) All work nobe performed by you oron your behalf for the additional inSuned(s) at the site ofthe covered operations is complete, including related materials, parts or equipment (other than service, maintenance orrepai/s): cx (b) That portion of"your work"out of which the injury or darnage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (]) Completed operations coverage, but only if: (a) The written contract, written agreement, or certificate of insurance requires completed operations coverage or^ynur work"coverage; and (b) This coverage part provides coverage for"bodily injury"or"property damage"included within the"prod ucts~comp|etcd operations haza/d'. However. the insurance afforded to such additional insured only applies to the extent permitted by law, 6. if the written contract. written agreement, or certificate ofinsurance: (1) Requires "arising out of'language: or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the fmUmving� (a) Additional Insured—Owners, Lessees or Contractor's—Scheduled Person Or Organization endursemcnt[G20101OUl� or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 3O37l001; then the phrase"caused, in whole orin pert. by" in paragraph 2.a. above is replaced by-arising out of'. c if the written contract, written agreement,or certificate of insurance requires you to provide additional insured coverage oo that person or organization by the use of� (1) Ad6tiona| Insured—Owners. Lessees orContractors—Schedu|ed Person Or Organization endorsement CG2O1OO7U4urCGZQ1OU41]; or (2) Additional insured—Owners, Lessees or Contractors— Completed Operations endorsernent CG 20 370704o, [G20 ]70413; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured—Owners, Lesaeesor[ontractom—Schedu|ed Person 0rOrganization endorsement[G 20 10 without anedition date specified-, or (b) Additional Insured —Owners, Lessees or Contractors—Completed Operations endorsement CG 2O37 without an edition date specified: then paragraph Z.a. above applies. d. Premises, as respects panagraph2.a.(1) above, include common or public areas about such premises if so required in the written contract nr written agreement. e. Additional insured status provided unoer paragraphs 2.a.(1)(b) or 2.a.(1)(c)above does not extend beyond the end ofa Premises lease or rental agreement. t The limits of insurance that apply to the additional insured are the least ni those specified inthe� (1) VVrittencontract� (2) Vvhttenagmemen1� <3> Certificate uf insurance; or (4) Declarations of this policy, The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Dodanstions. Page 2pf4 / cmpyrigmtaumanzumm insurance 5emiceso�oe. Inc, CG 7040 10 15 g. The insurance provided Uo the additional insured ducs not apply to "bodily inju0r. "property damage^. cr ^persona|andadverbsinghnjury^ a6simgoutofanaohitects. enginee(s. orsupveyois*eodehngof.or failure to render, any professional services, including but not limited oz� <1> The preparing, approving, or failing kz prepare crapprove: (a) KXaps� (b) Drawings: (c) Dpnions� (d) Reports: (e) Surveys-, (f) Change orders: (g) Design specifications: and (2) Supervisory, inspection, or engineering services. h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this enclorsernent is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary: b` Excess; c Contingent: or 6. On any other bass� but if the written contract, written agreement, orcerdMcaucof insurance requires primary and non- contributory covenage, \hisinsusancewi|| bepnmaryandnon'cuntribuUu9neladvemother{nsunsnce available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance, i if the written contract,written agreement, or certificate of insurance as OLItkned above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 endorsement does riot apply except for paragraph 2.h. Other insurance. Additional insured status is limited nmthat provided byCG2O1O11 85 shown below and paragraph 2.h, Other Insurance shown above. ADDITIONAL INSURED- OWNERS,LESSEES OR CONTRACTORS(FORM 8) This endorsement modifies insurance provided under the following� COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract,Agreement, or Certificate of insurance that the terms of CG 20 10 11 85 apply (If no entny appears above, information required to complete this endorsement will be 5nown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown 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 mc{uuescopyogmeg material uw Insurance 5em|cesC,mce. Inc CG7V48 1015 Pages 3nf4 j. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically fisted as an additional insured on another endorsement attached to this policy. tncfucies copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CC 70 48 10 15 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONUwjj a ,, CONSTRUCTION INDUSTRY LICENSING BOARD CGC1507617 K I U The GENERAL CONTRACTOR Named below IS CERTIFIED6,w Under the provisions of Chapter 489 FS. Expiration date: AUG 31,2018 BRISSON, CHRISTIAN NORMAND PEDRO FALCON ELECTRICAL CONTRACTORS INC 31160 AVENUE C BIG PINE KEY FL 33043 ISSUED: 06/27/2016 DISPLAYAS REQUIRED BY LAW SEQ# L1606270000490 2017 / 2018 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2018 RECEIPT# 30140-9801 Business Name: PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Business Location: 31160 AVE C BIG PINE KEY, FL 33043 Mailing Address: QUALIFIER, ROBERT D ALLSBROOK 31160 AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type! CONTRACTOR (GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee]Sub-Total Penalty Prior Years Collection Cost iTotal Paid 25.0 25.00 0.00 0.00 0.00 i 25.00 ..........------ Paid 114-16-00004300 08/31 /2 017 25 .00 THIS BECOMES A TAX RECEIPT Darise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR ML)NICIPALITY PLANNING AND ZONING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2018 Business Name: PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801 CONTRACTORS INC 31160 AVE C Business Location: BIG PINE KEY, FL 33043 Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Business Phone: 305-872-2200 31160 AVE C Business Type: CONTRACTOR (GENERAL/ELECTRICAL 3RD BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CG Fax Amount Sub-Total Penalty Prior Years Collection Cost iTotal Paid I---------- ................... L 25.0 )01 25.00 0.00 0.00 0.00 25.00 Paid 114-16-00004300 0 8/31 /2 017 25 .00