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10/18/2019 Agreement ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN 550,000.00 Contract with: Sunshine Gtumlra9l Ca Contract# NIA Effective Date: 10nVl9 Expiration Date: 12/17119 Contract PurposetDcscription: Torch s o to in r Bri � m,,. 4306 cruel Con Contract Is Original Agreement tract Manager. Clark Contract AmcndmastlFxt ion Rcn� #1 (Name) (Ext.) rtmcndSttsp } CONTRACT COSTS Total Dollar Value orContract; S 26,952.50 Current Year Portion:S Wwkvmbe `must behm ftolin,tlgp) terawwra,ftimcmew amiamtq uirsaocc GPMvfj.Ming tt [alai mm"411mamount is Ica thin ml Budgeted? Yes X No❑ Account Codes: Omni:S 125 jW591Ill_ts aet. County Match:S ADDITIONAL COSTS Estimated Ongoing Costs:S lyr For: NIA of Included in dallar value above) V,e. utititks, . . satyr` ate. CONTRACT REVIEW Changes Date Out �D, tel In Need cvi Daparlment Etead A�l�dlpl' Y N �B Risk Management Ycs0 N „ O.M.B.IPumhasin g County Attorney19[ Yes® Comments: Plc&w note Kenna Construction declined to submit a quoit. Hurricane Request for Purchase ATTACHMENT E.4,. Date of Request: Requester Name: Requester Signatu e: Additional Approvaih. 10/10/19 Judith S.Clarke Requester Phone: Requester Email. 305-295-4329 I a11,111,111l iftill 1 r 1111i 1�Jilln'. 0. v Requesting Department: Vendor Name/Vendor Number: Engineering Sunshine Guardrail Cor . 001512 Request: Small Contract for guardrail replacement on Pirates Road,Little Torch Key. Reason for Request--how was this caused by the hurricane? Hurricane winds and debris. Type of purchase: Replenish Stock New Items/Materials Insurance Claim Claim# Repair work X Replacement due to damage (Include copy of all claim-related documents) „ . ,,,--- Where are the items/materials/goods/services being used?Guardrails on Pirates Road, Little Torch Key What is the location of the repair or replacement work?Pirates Road, Little Torch Key If repair or replacement,Is this tem ora Priority-,� `Lo �, � � ,,,,�_�..�,. p p ry w X Routine Urgent or permanent? Temporary X Permanent Order Details: Item Descq tlon Cost per Unit Total Expense � .... 1 Guardrail Reacement $26,952.50 $26,952.50 ,,,, i 'dotal Cost: $26,952.50 Please attach the required three quotes on purchases$10,OD0 or greater. This request for purchase must be approved before submitting to BOCC for contract approval. Use this coding for the Agenda Item: Fund/Cost Center Account Project ProjectJ �� JJJ�ABcpcount C • 111 OMB Purchasing Approval: Hurricane Tracking Updated 7/17/19 Engineering Department J, MEMORANDUM To: Purchasing Department From: Judy Clarke, Director of Engineering Servi i, Date: November 6, 2019 l Re: Hurricane Irma Pirates Road Little Torch Key Guardrail Replacement Project Attached is a contract with Sunshinc Guardrail Corp. for replacement of 445 L.F. on Pirates Road, Little Torch Key in the amount of$26,952.50. On September 10, 2017 Hurricane Irma made landfall in the Florida Keys. As a result various roadways throughout the Monroe County sustained damages. Pirates Road in Little Torch Key sustained approximately 445 L.F. of guardrail damage that needs to be replaced. In accordance with the Monroe County Purchasing Policy, Engineering/Roads staff requested cost proposals for the work from two guardrail in addition to Sunshine Guardrail Corp. Staff contacted Al Fencing and Kenna Construction on August 12, 2019. Al Fencing submitted a quote and Kenna Construction declined to submit a quote. Due to Kenna Construction declining a quote submission, Engineering is requesting approval to proceed with contracting with Sunshine Guardrail Corp. Given the safety factor we do not want to delay work to continue to pursue additional cost proposals. If you should have any questions or need additional information, please contact me. Monroe County Purchasing Policy and Procedures ATTACHMENT EA Monroe County Procurement Form (For all Purchasing$10,000.00 or more) ... ................................... Reguirement igood/services to be The reolacement of 445 L.F. of guard rail located at Pirates Road, Little Torch Key. If brand name or equal salient characteristics are: ............................ ............... Market Research: Research Method: 0 Internet Li Prior procurement files 0 Personal Knowledge of Local Trade Area Q Irail pricing& installation 00ther Potential Sources: Sunshine Guardrail Co Ke At �encinp- Estimated Purchase Price- $-, 26,911,512,5110 .............................. .......... ........................................... Additional 0'I)'ns'id'e'rQtIDIIS: Considered Notes: �ederal Surplus Property LJ g g r e g a to so r Break Up P urchase Lease vs. Purchase .................................................................................... Plan n ed/Expected Contract Type., Z Fixed Price(including fixed price per unit) DCost Reimbursement plus pace eel 00ther: Notes: cost plus percentage-of-cost is prohibited; time and material has restrictions (See§200,318 y)(1) Updated 7/18118 Monroe County Purchasing Policy and Procedures ATTACHMENT E.1 Monroe County Procurement Form (For all Purchasing$10,000.00 or more) ...... Procurement Method: ,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,......,,....,,,,,,.....I ( ............................FNoncompetiitive-proposals Small Purchase Procedure $10 000.00 U to ce$14 000.00 or more $49,999.99) 0 Written Solicitation of Price Justification(refer to Quotes(Please include) 2 CFR 200.320(0: 00ral Solicitation of Price Quotes (attach documentation noting oral price quotes) Vendor contact information/Price quoted Sunshine Guardrail Corp-$26.952.50 _A 1-Fencina-$36.156-5 -- Kenna Construction-Declined Notification/Publication Plan: NIA ff f it"Afa°cra-Purchase Abise beftrmaaky prablrcn ked if"eltimated Signature Signature kgAture nature. . . . dw... Judith S. Clarke C-t,VI Ge b Printed Name Printed Name ej 4- Director of Engineering Services ® S5 15 ,. ,�„ „.rr,. .., Title/Department Title/OMB Department Updated 711 /18 October 10,2019(Revised) Monroe County Roads& Bridges 3583 South Roosevelt Blvd SUNSHINE Key West, FL 33040 l�frV ��ILCORP. EST. 1978 ATTENTION: Marty Slavik JOB LOCATION: Jolly Roger Estates, Little Torch Key SGC Quote No: 19-0628-03 We are pleased to hereby submit a proposal to: Remove and replace 445 LF ofdarnaged guardrail at the order and placement of Monroe County Roads&Bridges.All guardrail replacement materials shall be new.Job shall include 2 EA TL-3 Approach End Anchor Assembly.Guardrail shall be installed per current FDOT Index 536-001 (TL-3 with post spacing at 6'3"on centers). LUMP SUM IN THE AMOUNT OF$26,952.50 _ Job is cated an the actul work stated Note:LSD oftheforigti�al estiavaleacost is subject oochangeddiriona!work is added or footage should exceed ed Price Does Not Include: Asphalt Mowing Strip,Staking/Surveying, Maintenance of Traffic,Safety Rail In Back of Post, Rub Rail,Grading, PermidCost to Obtain,Special Post,Fill,Night Work,Paint/Painting,Approach Transition To rigid Barrier,9-Button Delineators,Reset of Existing Materials,Concrete Work,Guardrail Gate,Bond,Thrie-Beam Rail,Double Face Rail, Hand Digging,Clearing&Grubbing TERMS: PAYMENT DUE,IN FULL,WITHIN 15 DAYS OF COMPLETION. Approved By: Accepted By: Sunshine Guardrail Corporation Monroe County Roads& Bridges Signature Title Signature Title Print Name Date Print Name Title By itssisnwttoe,the purchaser ogrces to pay interest charges of I S%permonuh(I R%per anntmt)on all past duc amounts. [fit becomes necessary to enforce payment(even if Se is subsequently made before any courtaction becomes final),the purchaser also ognet sto pay all costs ofcolleetion including reasonable nuomey's Fea ardcotatcmts All payments must be designated in accordance with tic Florida Crmstnuclton Lien law(Florids Statutes 713.14), Furthermore,any and all disputesansing out ew ourtc all elements of tho transaction slmlt be subject io the jurisdiction ofthe Courts in Browoed County,Florida and the 17thJudicial Circuit in and for aroxmdCon o afore. ay its signature,the Pwehiser consents to the jurisdiction orsaid courts anti waives his right to noise the objeeuan orvtmuc being placed in said courts PRICES ARE ONLY VALID FOR 30 DAYS. BOX 3826 HOLLYWOOD,FL 33093-3826 BROWARD(954)989-2829•DADE (305)6204555•FAX(954)961-5006 GUARDRAIL•FENCE•HANDRAIL •ATTENUATORS•EROSION CONTROL •SAND-CEMENT RIP RAP QuOT Al Fencing DATE:09/19l2019 1107 Key Plaza Key West F1, 33040 Phone:305-747-4B20 Email: Ai fencingkwogmall com TO Monroe County Public Work's Key West Fl, 330 40 For. Pirates Rd Guard raft replacement 51avfk-mar mo coun m .... fT PRICE W m LINE TOTAL OESCRlPT1ON u. .......................................,......................... Wepropose to install a """"approximately 400 LF of Ff>OT Index 445'of TL-2 Guard rail system for speed 45MPH or less. ........................................................................_........................................... 1)We will use W-Beam guard raft..1.z5...tong............._.............. ............................................... 2)Steel Post mechanically driven Into soft 340". 31 Plastic spacer block with 10"long through bolts. 4)all old guard............... rail,posts and debris removed by us. Once guard rafling is installed county responsible bring ............................._....................................................................................... .................... current grade ........ .up.. °................level of(Asphalt)street. ..... . .... . .................... mm._...................... ...................................................._............... ...................... ........................ ............................. .................................w................................................. Deposit: 50%down payment -.....,...__............... ................... ...........................,Balance upon completion. ........w......................................................................... ................ ................. J § c a 7 w C 2 n 7 m E g � � a - ° § L � 3 § ( ■ r J E © 2 k wno � 2M cm k rmL J o LAJ § k cm 2 I § C - 2 ® � " � 2 - R § M 2 � nq / � � U » _ m £ ■ P, o § ) K ° f R @ o ^ 2 LA. 2 ? ■ ° o n �rr f § lu - � R � W � a ' 2A, ƒ-!� E m k % =r - , I" CL r to 0G) > lu CL 0$ } A § - k _ _ 2 R E CL2 § m % ) \ gLAfp E - 2 2 a ■ � go ■ J J Lh 2 q g a » � $ J c « ■ _ CL _ . _ �rr\ ° J L = o - - f a I I \ � \ C � E k / k � J / CL = § _ E E � r = E o � & 2 ƒ k 0 ■ m � 3 g CL ■ 2 c Minority OwnsdjIgsinession Sunshine Guardrail Corn ,a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) _.... „ is a minority business enterprise,as defined to Section 288.703,Florida Statutes or is not a minority business enterprise,as defined in Section 288 703,Florida Statutes F S 238 703(3) "Minority business enterprise'means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida.and which is at bast 5 t-percent-ownaf by minority persons who are members of an insular group that is of a particular racial,ethmc,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons,,A minority business enterprise may primarily involve the practice ors proracsiom Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds SI million-For purposes of this subsection,the term"related immediate family group'means one or more children under 16 years of age and a parent of such children or the spouse or such parent residing in the same house or living unit. F.S 2913,703(6)"Small business"means an independently owned and operated business concern that employs 200 or rower permanent full-time employees and that,together with its atrliates,has a net wonh or not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification.As applicable to sole proprietorships,the S5 million net worth requirement shall include both personal and business investments Corntrecior mav refer to F.S. 288.703 for more i formati n Monroe County Signature gesture , .� �..,� Pratt Name ROBIN REYES cut: Punted Name 'C ft Ti11e:D ECTOROF TI 8 Vi /dM 8. artm ` m...... tj Im tAb I h=E.Losd dms.morl co / iro on t Addrms-PO BOX 3828 DEM Contract: Z0002 City/State/Zip Hot_t_ywaOD,FL 330e3.3M Date' 1D-30-18 FEMA ProiectNumber_-„-_ Monroe County Purchasing Policy and Procedures ATTACHMENT E.3 Debarred,Suspended or Ineligible Entity Checklist Entity Name: Sunshine Guardrail Corp. Federal/State Funding Agency: Federal Emergency Management Agency(FEMA) Federal/State Funding Program: _Public Assistance Grant Program(PA) Federal Excluded Parties List System(EPLS): Yes SAM.gov No X State Convicted/Suspended/Discriminatory/Complaints Vendor Lists: Yes dms.myfiorida/com No X US DHHS List of Excluded Individuals and Entities(LEIS): Yes Exclusions/oig.hhs.gov No X Verified By: 1 . ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,................................................................... tgnature Date Judith S. Clarke Printed Name tract/Grant Manager Director of Engineering Services Title, Department Revih, By,,,Sign �b ��r.n..�:'...��mm.rvrmmmrrrnrnmm�mnmw.mmmuu Pri :d Name Title/OMB Department SAM Search Results List of records matching your search for Search Term : Sunshine Gun* Record Status: Active .,. „��nnnnn rm m rvrv.rvrvrvrvrv.rvry „, ,,�,,. .,,...... „ , .,, . , n,,,,..... ., No Search Results ,,, , , � .............. „—.......—,", , October 10,2019 1:11 PM hops:/Avww.sam.gov Page 1 of 1 Convicted Vendor List/Vendor Registration and Vendor Lists/State Agency Resources.,. Page I of 2 a In, C9In . IBI' Department of Management Services � paoerruer�t:5sr > > Cateoencv Kesources > > Convicted Vendor List Convicted Vendor List The Department of Management Services (DMS) maintains "a list of the names and addresses of those who have been disqualified from the public contracting and purchasling process" in accordance with 2IMgEoh LIBALWAlututa- Vendor Agency of Effective Expiration Final Order Name Origin Date Date Hialeah Transport, Miami-Dade 09/30/16 09/30/19 Hn i 1 Cl3 ):[r ��'oft, LLC �i- 887.19 ) Miami-Dade �l Order,- 6 i ��°1hink ,� � , I{ Amando Aionso County 09/30/16 09/30/19 k__ `861.07 KB) Tracy J. Hoffman DOT 01/22/18 01/22/21 753.24 KB) Gator Signage and DOT OS/22/18 01/22/21 F�idb D'rdar - for 5il'onaoe an"d Striping, LLCtriolna. LLC(.°^ 753.24 KB) Jacques A. Calixte DOT 10/25/18 10/25/21 (, 1.71 MB) Updated 11/5/18 Document reader download link https://www.dms.myflorida.com/business, operations/state_purchasing/state_agency_reso... 10/10/2019 Convicted Vendor List I Vendor Registration and Vendor Lists/State Agency Resources ... Page 2 oft 8s5j,bLa4lan �� 11-0111!�ylnl l lhlll� III120119 epaii tnimilein't f Sim,vices , State of Flii)irlldia https://www.dms.myflarida.com/business_operations/State—Purchasing/state—agency_reso... 1011012019 Suspended Vendor List/Vendor Registration and Vendor Lists/State Agency Resources... Page 1 of Wi !: impC it Department of Management Services Fla�rl a e artment of anaoe ent Se ices> > umbasla > State A ency Resources > > Suspended Vendor List Suspended Vendor List The Department of Management Services (DMS) maintains a list of vendors that have been removed from the vendor list"for failing to fulfill any of its duties specified in a contract with the State" In accordance with SU` 60 06. IFilb i ^ J U y , Vendor Vendor Agency Effective Notice of Default Number Name/Address of Origin Date Building Maintenance of America d/b/a Florida Building Maintenance Matrtle a�n�C of- mie�r'�ca.d��W''w 80-0739547 333 North Falkenburg Road DMS 07/02/14 � ftw #A117 A'575.81 KB) Tampa, FL 33619 Club Tex, Inc. if17 ilaupt- u�la'Tex,., 13-3865368 2025 Broadway, Suite #15G DOC 01/24/19 Ind(u, 111.75 KB) New York, NY 10023 iColor Printing &Mailing, Inc. otice of efauit ICoior 39-2068928 22873 Lockness Avenue DEP 02/20/12 Torrance, CA 90501 320.17 KB) Visual Image Design Firm hdi �l of Defa�,�l�� ii 45-4432515 6845 Narcoossee Road, Suite 59 DOH 06/25/15 Orlando, FL 32822 MB) !Updated 2113119 Document reader download link https://www.dms.myflorida.com/business operations/statc_purchasing/state_agency_reso.,, 1 110/201 Suspended Vendor List, Ven or Registration and Vendor Lists/State Agency Resources... Page 2 of 2 Edvp�m SuMmQuL coljplly 11-1111]hllt @20]19 Delljmii�:iiiitiiii,ii iiiilt of Illaii agv'i"imi iit 5enll,C&:; S'tint"" of 119oinlida https://www.dms.myflorida.com/business_operations/state—Purchasing/state_agency_reso... 10/10/2019 Discriminatory Vendor List/Vendor Registration and Vendor Lists/State Agency Resou... Page I of 2 Skip tO Main Content Department of Management Services > Aua!�O�rl m> State Purghasing > 5tsItg Agignpi Resources > Vendor Registration and VendQr Lists > Discriminatory Vendor List Discriminatory Vendor List There are currently no vendors on this list. https://www.dms.myflorida.com/business—operations/state_purchasing/state—agency_rcso... 10/10/2019 Discriminatory Vendor List/Vendor Registration and Vendor Lists ato Agency Resou... Page 2 of 2 [gim,KMO gqfldkiqu;µ Clojjjvqjrllli 9 111 I't iC 201 III llei!)artill illeililit of State of il:°Ijaii 41a https://www.dms.myflorida.com/business—operations/state_purchasing/state—agency_reso... 10/10/2019 Vendor Complaint List/Vendor Registration and Vendor Lists/State Agency Resources ... Page I of 2 Department of Management Services E&WAPS211r > 5=jUaftIJIM>Mate encv _.Re5Qurr,g5 > > Vendor Complaint List Vendor Complaint List The Department of Management Services (DMS)tracks Formal complaints issued to vendors by state agencies; this Information Is provided to agencies to assist In determining vendor responsibility in accordance with i and Rule 0 _4.0Okt.d p. r Please note that this list includes complaints that are pending resolution. Vendor Agency Complaint Nature of Complaint to Name of Origin Date Complaint Vendor Specifications/Requirements Correctional gMn,ola�lntIo Vendor Consultants, DOC 06/25/19 Delivery/Schedule LLC Invoicing �(�' 17�.66 KB) Customer Service LLC Updated 1018119 Document reader download link r ��`pdobe DF seeder https://www.dms.myflorida.com/business.,operations/state�_purchasinglstate_agency_reso... 10/10/2019 Vendor Complaint List I Vendor Registration and Vendor Lists/ to Agency Resources ... Page 2 of 2 Coij��nyidgiht 4; 20191)e1pairn iii eii ii�t of I�Izinagennienit Services - State iolill::: Flohda https://www,dms.myflorida.com/business operations/state_purchasing/state—agcney_re so... 10/10/2019 OIG Search Results Page I of I Exclumons&mrch ResWts:Ent3tes D No RaftAts wate Ott"for Sunshine Guardrail Corp. if no results are round,this Individual or entity(it ft in an amity saarchl[a not currently excluded.Print this Wob pagn for your documentation Sowchftnin Sawch conducted 101IM019 1 25,01 PM EST mORGLFIE Excluvionsdatwasa Sam date updated an IWIGMID 8:38:00 AM EST https://cxclusions.oig.hhs.gov/SearchResults.aspx 10/10/2019 Agreement Between Owner and Contractor 'THIS AGREEMENT is entered into by the Monroe County Board of County Commissioners ("BOCC"Owner"), a political subdivision of the State, 1100 Simonton Street, Key West, Florida 33040,and Sunshine Guardrail Corp. ("Contractor"), this day of ,2019 for the Hurricane Irma Pirates Road, Little Torch Key Guardrail Replacement("Project") The Owner and Contractor agree as set forth below. ARTICLE I The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (as applicable), Specifications (as applicable), Insurance Requirements and Documents. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. ARTICLE 2 Scope of Work of this Contract The Contractor shall execute the entire Project Work as follows: Scope of Work is to replace the guardrail along Pirates Road, Little Torch Key site as described in Attachment A. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement shall be the date specified in the Notice to Proceed issued to the Contractor. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Hurricane Irma Pirates Road, Little Key Guardrail Replacement Project the Contract Sum of Twenty-Six Thousand Nine Hundred Fifty-Two dollars and fifty cents ($26,952.50), subject to additions and deductions as provided in the Contract Documents. ARTICLE 5 Payments 5.1 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735; Final Payment 5.2 Final payment, constituting the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work found within one year after the date of Substantial Completion, which the Contractor shall correct promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. This obligation shall survive acceptance of the Work under the Contract and termination of the Contract. The Owner shall give such notice promptly after discovery of the condition: and (2) a final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment. ARTICLE 6 Insurance 6.1 Prior to commencement of work the Contractor will provide satisfactory evidence of insurance as required Insurance Statement. 6.2 The Contractor shall name the (1) Monroe County Board of County Commissioners, its employees and officials, as"Additional Insured" on all policies except for Worker's Compensation. Insurance Statement The Insurance requirements are as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC1 $100,0005500,000/5100,000 General Liability GL2 $ 500,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VLI $50,000 per person; $I00,000 per occurrence (Owned, hired and $25,000 Property Damage Non-owned Vehicles) or S 100,000 Combined Limit All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. if�ugY: f•unit"Ic firma Pwnain Road, [Aft II cy Gluanlrad RcPhamr•M I111pajrct RJR 0bu U.,20' 9 ARTICLE 7 Miscellaneous Provisions 7.1 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. 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 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to 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 36 months from the date of being placed on the convicted vendor list. 7.2 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. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS,running from the date the monies were paid to Contractor. 7.3 Governing Law, Venue, Interpretation, Costs, and : 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. This Agreement shall not be subject to arbitration. 7.4 Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and Page"I Ilurrieaue Irma Pirates Road;, LmIc Turch Key Guardrail Replacement Pro1w October 1,2019 5 4 u-am ma- ISO 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 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 Qrders 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 Page 5 I lurric 170'Irmst theatre Road. LittIc Torch Key Guardrail Replacement Project 0cluber 1.2019 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. 7.8 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. 7.9 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. 7.10 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. (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. (3) 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. 114ge 6 Huirrirnainc Irma IPi minim Ruud, 410c Torch Kicy G'uardmill Rephimirrient Illirgecil nl�;whr,f II„ 0 V4 (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 penaltics under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 7.11 Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 7.12 Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, harmless from and against (i) claims, actions or causes of action, (ii) 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) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or Pagr'T Hgarrsua,ane I'mninu Ppranitm Rind, IJnilc"IPbunnlln Key G ilmin @raill Rp LB Ir.rmv nt PrgJCrt 69molbery o 7.0V 9 intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying party in the performance of the construction contract. 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. C. In the event the completion of the project (including 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. D. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. E. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within General Insurance Requirements Section 900. In the event any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. F. The CONTRACTOR shall hold the Florida Division of Emergency Management (Division) harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 7.13 Adjudication of Disputes or Disagreements: The Owner and Contractor agree that all disputes and disagreement 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 provision does not negate or waive the provisions of concerning termination. 7.14 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. [,age It I laifficane Irma Pirates Road, Little Torch Key Guardrail Rephicciricni Project October 1,2019 7.15 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. 7.16 Written Notice: Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. All written correspondence to the Owner shall be dated,and signed by an authorized representative of the Contractor. The correspondence shall be directed to: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County Public Works and Engineering Division 1100 Simonton Street Key West, Florida 33040 7.17 Federal Contract Requirements The CONTRACTOR and its subcontractors must follow the provisions, as applicable,as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but not limited to: 7.17.1 Davis-Bacon Act,as amended(40 U.S.C. §§3 141-3 148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program,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. §§3141-3144, 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. If anolicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation. A copy of the current prevailing wage determination is included as Attachment B. 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. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), 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 Page 9 Ilumcanc Irma Pirates Road. Link Turch Key Guardrail RcIplacemeni Pmject Odobff 1,2019 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 COLNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. 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. (2) 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. (3) 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. 7.17.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 or 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. 7.17.3 '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 subrccipient 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 Finns Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 7.17.4 Clean Air Act(42 J.S.C. 7401-7671.g.land the Federal Water Pollution Control Act(33 U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-767]q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Hurnmic Anna Ifs rajlo Road, Little Toirch IKey(3hardirid Rcpllaccmwn�PiqijpcU Act (42 U.S.C. 7401-767]q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), asamended applies to Contracts and subgrants of amounts in excess of$150,000. 7.17.5 'Debarment and Su4pension (Executive Orders 12549 and 12689_)--A contract award (see 2 CFR 180.220) must not be made to parties listed on the goverm-nentwide exclusions in the System for Award Management (SA ), 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." SA M 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. 7.17.6 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. 7.17.7 Compliance with Procurement or recovered materials as set forth in 2 CFR .§ 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR 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. Other Federal Requirements: 7.17.08 Americans with Disabilities Act of 1990. as amended L DA — The CONTRACTOR will j 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. T 17.09 Disadvantaggid Business Entemrise (DBE) Policy and Obligation-- It is the policy of the COUNTY that DBEs, 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 Page I I Hurricane Irma Pirates Road, Little Torch Key Guarikail Rep"accivent Pv)alcct subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts,entered pursuant to this Agreement. 7.17.10 2 CF.R.1-200.321 CONTRACTING WIT]I SMALL AND MINORITY BUS INESE S,.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 reguirement 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. 7.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Vert fy system to verify the employment eligibility of all new employees hired by the Contractor during the to 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. 7.19 The CONTRACTOR is bound by the to and conditions of the Federally-Funded Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency Management (Division) and attached hereto as Attachment C. 7.20 The following certifications are included in Attachment D: Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause Sworn.Statement Under Ordinance No. 0 10-1990 Monroe County, Florida, Drug Free Workplace Form, Public Entity Crime Statement and Vendor Certification Regarding Scrutinized Companies List. 7.21 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions goveming the Department of Homeland Security(DHS)and the Federal Emergency Management Agency's (FEMA) access to records, accounts, docuinents, information,facilities, and staff. Contractors/Consultants must 1. Cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and Page I P. Hufficele Irma Ptrates Road, UnIc Tomb Key Guardmd Replacement Pm ca ocinher 1,2�Ulg other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by MIS regulations and other applicable laws or program guidance. 3. Submit timely,complete, and accurate reports to the appropriate DFIS officials and maintain appropriate backup documentation to support the reports. 7.22 DFIS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 7.23 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification,change order,or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. ARTICLE 8 Termination or Suspension 8.1 Termination for Cause 8.1.1 Contractor or Owner, may terminate this agreement, for cause, after providing Written Notice of the default and if said default is not cured within 15 days, the agreement may be terminated upon five(5) additional days' Written Notice. 8.2 Termination for Convenience and suspension by Owner 8.2.1 Contractor or Owner may terminate this agreement, without cause, upon providing 30 days Written Notice. 8.2.2 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 8.3 Scrutinized Companies If the County determines that the Contractor 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 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 Special Conditions 9.2 Cleaning Up 9.2.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, Pogic Ll I uniumn 11 irrva Parwits Bud, Aiallc romh Kii:1� Gwrdra T IR,ieplawuauant Prn uct Dolobvir f,,20111D construction equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 93 Access to Work 9.3.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in preparation and progress wherever located. 9.4 Care of Trees,Shrubs and Grass 9.4.1 The Contractor shall be fully responsible for maintaining in good condition all vegetation inside the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the construction operation, the Contractor, after completion of the work, must replace or restore to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. 9.5 Maintenance of Traffic-The County to provide(see Attachment A-Scope of Services) 9.5.1 The Contractor shall be responsible for the proper maintenance control and detour of traffic in the area of construction, during the course of construction. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida D.O.T. 9.5.2 All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. 9.5.3 Construction shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 9.6 Barricades and Protection of Work 9.6.1 The Contractor shall protect his work throughout its length by the erection of suitable barricades, where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. 9.6.2 In the event or threat of a hurricane the Contractor shall remove all equipment and material from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site should pose a threat to anyone caused by wind or water. 9.7 Permits, Fees and Notices 9.7.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract. page IG4 H uirr wano Ihrmma Pirates Kuad,, L:ailk`rnrstla KC011alrdrad R a-Macnment Prsvperu tDNw%,obey I,',21nI'9 9.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 9.7.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 Safety Precautions and Programs 10.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 Safety of Persons and Property 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1.employees on the Work and other persons who may be affected thereby; 2.the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; 3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements,roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. construction or operations by the Owner or other Contractors. 10.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, 10.3 Emergencies 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion,to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined by the Owner. Article 11 Change Orders 11.1 Description: A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: 1. A change in the work 2. The amount of the adjustment in the contract Sum, if any; and 3. The extent of the adjustment in the Contract Time, if any. 11.1.1 Changes in the Work may be accomplished after execution of the contract, and papft 15 [Wirroc«°al"(Irma proa°mutsIIPoad, bi ap!m larch IKcy C:piuoriatluaaall Ri p lia ccmaacmap Pm cw Oicaa 1lUCr 11„2n19 without invalidating the Contract, by Change Order. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner may determine. 11.2 Procedure: Should the Owner contemplate making a change in the Work or a change in the Contract Time of Completion,the Director of Engineering Services will provide the Contractor a description of the contemplated change. The Contractor will either: 1. Make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion; 2. After analyzing the described change, promptly advise the County Director of Engineering Services as to credit or cost proposed for the described change and time adjustment, if any;or 3. Meet with the County Director of Engineering Services as required to explain costs and time adjustments when appropriate and determine other acceptable ways to achieve the desired objective. REMAINDER OF PAGE LEFT BLANK Palp 16 Hurricane IInnab P a ¢Roo..d. N,.iit&Taan:h awry Qaaardnd RcpNaaanu cnt ProJect Irbraa b r N,20II"4 IN WITNESS WHEREOF the pard w hatata have owcuted this Agmemeot on the day and dato first wdum above. BOARD OF COUNTY COM AMONERS OF MONROE ,FLORIDA By- � County is r or Date w r SUNS RAIL CORP. WITH m By. C.M. Aumentado : Robin Reyes PdnW Two; Vice President rjua. Directormof Operations MOMMICoLWYMOMM L1IRMUT H[.MURT•BARROWS ASOSTAHr 12ATJk UL74y9 IL ufth Tw*K"QmF&9xwm�atrat l4 ld One6rt I.�l9 ATTACHMENT A SCOPE OF WORK The scope of services will consist of the following: Replacement and Installation of approximately 445 L.F. of FDOT index 536-001 TL-3 guard rail system for speed 45Mph or less on Pirates Road. The work shall include two (2)TL-3 Approach End Anchor Assembly. All old guard rails, posts, and debris will be removed by the contractor. 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C LU UA a� Rl q^ Zgy ILL S 6 a � x, � aawwvaw µ � pus 3. a ,y an 'w,3 a: hl 's ,cFaaw a Nwa" wµl + r ir,ir u Iq nEV v � tim I';"'m'�Nm x""'"�. �� mlx Iwxt �w Y"�s. R _Mu. m �. ..�`$� a..ww u�', �a xx n,�� III�, ,'M�Ir��unl umm fP'dRW OWM'�K>0� ATTACHMENT DAVIS BACON WAGE RATES "Genexal Doc! si on Number i FL201 90147 lad"? /30/20 19 Superseded General DeaisWrr WmArer; EV20180190 Statei Florida ConstruMon Type: Highway, County: Monnre Coui,ii,,y u!i 171 air i !!La, !-[TC VuIAY C0NS'1PlJC1PI01',1 l::11iaOJECTS Note; Under Executive Order (EQ 13658, a r I htmll'71`t rl I,i i'�:,rT1u]9 ),i]a g�@ of $10, 60 for calendar year 20 19 I'�I�zppiieS Lo aIll coi,it r'acts subject tic the Davis-Bacon Act, forwhLch Idle cownLract; in awarded 14and any soliciLaWan was issued) on or after Jauuary 1, 2015. If this contract is covered by the EO, the contractor must pay all workers Ln any class; ficatJion listed on this wage determination at learic $10460 ;war Wmu—�r the applicable wage rate listed an Lhis wage detorminaticii, if it Js higherl Car, all hours spent performing on the contract in celendair year 2019, Ef this contract is covered by the EO and a WassMication considered necessary far perfo�i!�na�nce 01:', work air the contract does not appear on this wage deLerminaLLon, the conLracturr ;mist pay workers in that classificati.on at least Lhe wage rate determined through the c°onEormairce process set forth in 29 CFR 5,5(a) (1 ) ( ij ; Car the EG—mirUmuta wage rat" if A is higher than the conformed wage into) . The EO minimwi wage race will be adDusted annually. P 1 a !a o n as L,e L I i,a L L h w i ii 1 0 a p ll,,I . e a c o the above-mentioned Lypes of contracts entered irit.o by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply Lo contracts subject only to the Dav! s-Sarno Related Accs, LnClUdiny tl!10;50 Set Fort r at 29 CPR 53 (a) (2)-001 , AdditLonal information an contractor requirements and worker proLections 4nder, trie ';C is availainle ELUM346102 03/M/2 0:3Rates Fringes ELECTRICIAN. . . . . . . . . . w . . . . . . . . . . . ,� 3 ,.1:]. 1 .1°ail. n, wu s r n,c mmm CARPENTER, Includes Form Work S 11.95 441 EM' NT "��' m `III .'III;' III. ur,, "�,a @NIL ''�I4��11',w �� 1 3 i)5 0. 00 HI.110. HWAY PAR,KING LOT S'V,"RI P,T,N ! Operator tinum (Stu oII)i�n Mac-hn�nre� 22 10 Ihu.T G Il 11 WA,Y/ A, IRS'; UG LOT S T'R,II IL�ING m Operator (Spray: No h IIW mm a,u.'u h 13.0113 :.!IPrSGIA.LLElR — GUARORaIL. . . . . 0 14 .44 D; DID IRONWORKER, REINFORCING. . . . . 1.3 '0 o,.0y� Specialist) 1.A& a YII. A:nAMIt'., IncbWes �R�a1lII e11', Sho''6M'e.lier, 'w�'�'��WC,�JI Par"��.�w'm��µ"!�' Em,N�I''d mu.1C��ro oi.ui m am°° .610 LABORER: C r mm'm n or G mmu..a A.., , a ."$ '1'1.916 2 .9 u:o LABORER: F l a g 'e . ,. . . . . . H. . . . . . . .$ C .00 Irrigation. . . . . . 11. 16 O.a,,) LABORER: Pjp i��a.yrer, _ .S 12.69 0�0111)OPERATOW Sac Was/Exca�v ator�I Tr a c°]ld ti.o�l m $ 1,7. 0 0«00 Steer/Skid Steer/Skid Loader,, . . . .o . . . . . . . . . . 11'.6 D 0, 0V„„`, OPERATOR: Broom/S NraP 0 a p�e r, . a a . . a ,a .. 10,B I! 0 0 1") OPERATOR:a u 1 1 a Pz r. ., . „ . . . ,.. . . . 13.90 I9tl ONO OPERATOR: CpC,ane. . . . w . . . . . . a $ 17.03 0.u, la OPERATOR: Forklift. . . . . . . . m , , m $ 11m ,11 020 OPERATOR:OR'n V":b�a ade:r . . -- . . . . . . .S 16.59 0.0) OPERATOR: Milling. Machine. . . , „6 3.2 D. , 0 OPERATOR: oiler— . . . . . . . . . . . . .S 12. 61 C.00 ° a ill rw G . . �� .. :a�re,raaa� Iaa„ IGaa,... ,, a g a e g .c e, a`n md Conczv be h . m . . . , . a, 1817 0.0'01 OPERATOR: Roller. . . . .. . . . . . . . . .5 13.28 2. 39 OPERATOR: Snreed. . . . . . . . . . . . . . .1 0.00 OPERATOR: Trenche: . . . . . . . . . . . . . 5 16.00 '1�!MFFTC SIGNALIZATTi�'N: 1raffic Signal instAUsicarp. . . . . .$ 39,03 TRUCK MOW Wip Truck. . . . . . . .6 12. 66 0.00 TRUCK DRIVER: Lowboy Truck. . . . . .$ 14 .94 01 Lei D TRUCK DRIVER; Ka W T n=1... .. . .$ 13.45, 0.010 ---------------------------- WEWARS -- Receive rate prescribed for craft !�aerfonin�ng Ope rat,iOn W ledch weldi Lan g 05 inadental . ............. Note; Exocuzive Order (Eo) 13706, Establishinq Pa�d Suck leave for Federal Connactors applies to all contracts sub"ect to t&! Davis-Bacon A= for which the contracL is at,jardcd ,and any solicitation was issued) an or after Jainuary I , 20�117 f 1 a contraCt LS covered by Me EO, the COnLractor n III st provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 5E houis of pia:Id s:uck Leave i year . Employees must be permitted to use paid sLck leaw! for their own illness, W orY OVE' 00-1 heal th-M aLerJ needs, including preventive care; to assist a family t0- pefS,011 WhO 3a like family lo the employee) who is ill, injimeW or, Metether" health-related needs, Waluding prevent vie care; or for rea!50rls resuLting from, or to assist a faraily inemoer for—Awarson who is like family to the ompLoyee) who is a of, r!Ioriiestic violence, sexual a5sault, or stalking, Additioria inforriation on contractor requirements and worker prot!cctions under the EO is avaj Lable a www,dol UN Wed classifications needed iituc:IL udcd withilt the scope of the classifjW 4oris listed tnati be aid,.'Jed after al,pard only an provrWed in Se labor standarrU c,,ontract cIau5es 111-1111111.1-11. .............................. .......................................................................... ......................................................................... The body of each wage doterminaLlon "sts He classification and wage Mes that have been fourid to be jj�raviail litrig �for t]he cited Lype fs) of construction 1 n the area covered by the ,,�tlqe determination. The class kFications are Listed in a1p!flia]llletica] order of ""identil lers"" thaL indicate viheLher the V!2,nrz.,Lcular rate 3S a union rate (current union nagatiaced Me for local ) , a survey rate (weighted average rate,m c�ir a rurtioiti, avoroqe raLe 4,,,qeLqll!4Led ut aiori averiage rate1 Union Rate ldein-zl'-"iers A tour letter classification abbreviatJon 2,iccito:,Lficr -.,,,inm �,osed & dotted 2nes beq nning with characters al her thwi OT' ""UAVG"'11' denc� as VaL the union c 1 assif trot ,on a�'irf rate �,qere prcvail ng for that classificazion an to survey. Example: P L UMD 19 8-0 0 5 0 7/0 2/2 0 14 . P LWI 1 a a n abb rov!i at, �a n i de n t i f i e r a the !i ;,qhich prevaLled in the sarvey far thi!; classificatinn, wh ch in this example re,iould be Plumbers. [)198 indicates the local union number or dist-ricr council numbel where applicable, i.e. , Plumbers "oca! M98 , The rmxt numbcr, MY5 mn the e.,,,!amplc, to an internal n urn ber, usea an processing tho, wage determinatIon. 01/01/2014 25 the effeCLIve date cp«� the most current negotiated rate, wh.,.cl!i it'i this exarnJjpje 1a July 2010 Union preve Kng wage raLes are update to treflect a ' t rate changes in the collective bargaininq agroomert CIIRA govizrri,ing th daesrficaLiorl and rate Survcl,, IRar rder'at a f t.crs Massaficacions listed under the "ISWIll" hderitMex indirate that no one race prevailed for this CQSS&lcatMun in the survey and the published rate is derived I�by coznrl,�iut! '113 a leir—ight-cad average rate based on a] I Lhe rates reported in Am mwvey ror Wit Waselficarlan. As thIS WeLqhted average rate includes ali rates reported in the surve,,,,P, it su iy include bott!i ur1i on and non ui!biori rzites. '.II xampla� SULA2012-007 5/211241'" . SU indicates IC;:..' e !ates are sutvey rates ba ;[;ad on a we ql!'iii;ed avr�rago calculation of rates and are not majority rates , TA indicates the State of Oouis,ran a. 2012 is the year of survey on which these classifications and rates are biased, I'he neid niumber, 001 A the example, is an internal nmber used in Iyodicing the wage determination. 5/13/2034 indicates the nowey completion date for the classifications and incos under Hat identifier, Survey updat wage races are not Lard and remain in cffect urti I a ne ur,,ee Syr" is conducted U i.cin Avcrage Rate ClassificaVon(s) listed under the UAIJC; ident,�i f LeC indical a that no single majority rate pre wdled Or Mose classificati,ons; however, 100% of the data repor:ed for this classifications was union daia. Ew: UAVG U]-001 01 09/2912014 . UAVG i nda cares that the ra 1 e Is a we 1 q7i tecl un 1 on average rate. OH indicates Lhe state. The Elect, number, 0010 in che example, is an internal rIUF0lN--r usiad Lin producing the wage determination. 08/29/2014 ndicacins the survey completion date for t!"ie ClasslUc at.ions and rates unilet, that, ldeinriE] or A UAVG me will be uphMed once a year, usually in January of each your, to reflecL a wiriqT, ted average of the current negatiated/M rate of Lhe imdon locals fran Mch che rate is ba sed WAGE a a L;T E Ma NATION APPEALS iP1110CESS Ed Has there been an initial decision in t]Ve Ill Iattez? ThLs can be: an existing pul�'!11, Ys]ned wiage dictermiiiiatiofit, a survoy undeirlying in �i�age eterm a o intin a Wage and hour 7zvision letter setting Focth a pos:jtjon on a Wiage detennirnation lmal.Ler' a conformance Jaddicional classification and rate) ruLing On surucy related mawers, initial contact, � ncliidznq requests for summaries oE surveVs, shoullo be ipjith the Wage and our Regional Office for the area in Mch the survey was candiated because those RegionaL Offices havc resQ*,ris!bi2ity for the DaKs-Baucri survey program. If the response froin Livia lnit�al contact is not satisfactory, w1nen Lhe process descrj'L�ed in 2d arid '3. ) should be fo NIowed With regard to any other mzrti;;er not ye"; r,,,pe for this foriniaL process described here, initnd cormact shoWd be with the Branch of Construction hKage Deterny"iati one , W c it a La- Branch at 'diliDtI.o DeternUinar Ions Wage and [Mr Musnon lj.s� [Departmerit off Labor 2!00 CocinstitQt on Pv riuel, ltii,jiv, �ilash3nqt.on, [)C ?0210 2. ) If the answer to the question in I. �,Q Vs iies, theri, an interested party (Lhose affected 1!)y tJ!Ne can reqii revLew and reconsideration from the bAge and Hour Alrninistrator (See 29 CFR Part 1 .8 and 29 CFR Part '7) ,, Write to- Wiige and Hour Administrator U.S. Departmer,'t� of Labor 200 Constitution Menue, N.W. Kiashingt,on, I)C ?0210 The request should be accumpzRnied k.iy a d�ull statement (if the interested party's position and Qy gi!m my irA�cirmatjon (wage paymen dad.a, project descri; »ion, area piracti<!"e materiia],, etc. ) that the requestor considers reievicnr�� to the issue. 3, ) If the decision of the Administrator is not favorable, i interested party may appeal directl�i,," La the! Ak!hninistrative Review Board (formerly the Wage Appeals Board) . Write to: Adninistrative Revie�,ai Board U.S. gym part:inent of Liabor 200 Constltu:Aon A1,ienue, N.11, Washang��!an, DC 20210 4. ) All decisions by Lhis Nzhydn�stra �v e Sev.�iew Brand are fmnal ......=a.-= OF GEIIERAL DECISrON111v ATTACH[MENT(C FL DEPARTMENT OF EMERGENCY MANAGEMENT SUB AGREEMENT A'I-rACUIMENT D COUNTY FORMS NON-COLLUSION AFFIDAVIT I' CHEEK-- of the °f H O city LYWOOD,FL,according to law on my oath,and under penalty of perjury,depose and say that; 1., I am PRESIDENT ofthe firm of I�INi~Gt.lABI7$�_CORD, ,the bidder malting the Proposal for the project described in the Request for Competitive Solicitations for. Proicet Monroe County,Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor, 3.) unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor;and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct,and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 2019 {signature Bidder} (Date) �� ..... m. . rv,,,,,,,................... STATE or: FLORIDA COUNTY OF: 6ROWAR PERSONALLY APPEARED BEFORE ME,the undersi nedauthor° JOHNS E. CHEEK ( gfindividual signing who, fi t ing sworn by me,ail 1 her sl natum in the space provided above on 31t any o UE iris NOTARY PUBLIC My commission expires; 2/2 7/2 0 DEBORAH C.HILL Commission#FF 949767 e= Expires February 27, 20 A", 4k 6ma.a�R�snfa®yF4rgs 3®4! LOBBYING AND CONFLICT OF IMREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY,FLORIDA ,m,, e_ m ___ SUNSHINE GUARDRAIL CORP, n (Company) It warrants that it has not employed, p yed,retained or otherwise had act on its behalf any former County officer or employoc subject to the prohibition 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,the full amount of any fee,commission, percentage, gift,or consideration paid to the f er County officer or employee". .,. 1 ,na 21031ZQ19 (S nature) ,�,,.� STATE OF FLORIDA .. COUNTY OF BROWARD PERSONALLY APPEARED BEFORE ME,the undersigned authority, J 0 H N E. CHEEK who,after first being sworn by me,affixed his/her Signature kLQH N„E, C H EE ... in the space provided (Name of individual signing) . Above on this 3RD_day of DECEMBE . .. NOTARY PUBLIC My commission expires: 2/2 7/2 0 DEBRAH C HILL R Ca mission 4 FF 949767 Expires February 27,2020 P„® kM On iron Fain kwWw"lOtl.7/S70t9 DRUG-FREE WORKPLACE FORM ............... ....... ................... The undersigned Contractor in accordance with Ff.Statute 287.097 hereby certifies that: ...............-1111111111........................ N"lElGIUA Business) (Name of I Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the buainmes policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3 Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in 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 employees 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 sadsfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees community,or any employee who is so convicted. 6. Make it good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement,I certify that this firm complies fully with the above requirements. idder's Sig na to .— a 12/0312019 ................................ ........... PUBLIC ENTITY CRIME STATEMENT "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 bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have Head the above and state that neither J O H N E. CHEEK..,.. — (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. v y � #12/03/2419 (S', nature) (Date) STATE OF: FLORIDA COUNTY OF:BROWARD Subscribed and swom to(or affirmed)before me on theARD-day of DECEM BER 20....19 �by J O H N E. CHEEK (name of affiant). He/She is personally known to me or has pro duced Known (type of identification)as ....n. w .,,n„ .,, .. identification. My Commission Expires: 2/2 7/2 0 i" NOTARY PUBLIC DEBORAH C,HILL rt�' fix. :.® Canission#FF 949767 ,. `: Expires February 27, 20 ti++yy i y7� Thu Trot Fain tummVe 3WN54019 VF: n II CERTIFICATIO GARDI S R NI'LED COMPANIES LISTS Project Description(s):HURRICANE iRMA PIRATES ROAD L1TTL E KEY GUARDRAIL REPLACEMENT Res ndent Vendor 111 ... _ .. Po rName SUNSHINE GUARDRAIL CORP. ender FEIN: Vendor's Authorized Representative Name and Title: JOHN E, CHEEK, PRESIDENT Address: PO BOX 3826 City HOLLYWOOD. _ �,,,. State: FL Zip: 33083-3826 Phone Number. (954),989 2829 Email Address: FRONTDESK@SUNSHINEGU..... ARDRAIL COM Section297.135 Florida Statutes prohibits a company from .. ' 1? � p bidding on,submitting a proposal for, or enteringinto or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section eared u Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to S. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the Person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attormcy'a fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed an the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. authorized to sign on behalf of the above referenced company. ,who is Authorized Signature: - ... Print Name:JOI VN.E. 0 IIEII Title: ,w. ...... Note: The List are available at the following Department of Management Services Site: 18 l `v av, zr�ti.rtfytl r'ci mm� hush �s,�,' �.ikt,l.. �,., . • � . m vc� l r, !nfoiru�.ptt�o 'c ►nw . « � ® � �u tlYB', 1 F DA-- DATEl u T CERTIFICATE OF LIABILITY INSURANCE 1 1 IS CE CAT IS ISSUED K A E OF INFORMATION ONLY CONFERS RIGHTS THE CE FICAT E I CE FICA TAFFIRMATIVELY E VELY AMEND. E OR ALTERE AFFORDED Y T ICI BELOW. IS CERTIFICATE FINSURANCE ffi T C T A CONTRACT ISSUING J j,AUTHORIZED REPRESENTATIVE , CERTIFICATE IMPORTANT: If I ca to holder Is anADDITIONALINSURED, o!lcylies9 must haveADDITIONAL INSURED revisions or a endorsed. If SUBROGATION I WAIVED, subject to the to an conditions of a policy,certain policiesa quire an endorsement. A statement an Is ca of confer r to a ce Bate holder In lieu of s a en s. CT 19 o International lorl tae.t; 3 1 20 ® e® 3 1 1 n ,Ave,Sto 5 Winter Par L3 c A: otT inanraI a r e IMKED suns ina ua rail C Box 3826 to e D Hollywood,FL 33053 s E tlN �R P HONAUN low THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSEIFtED 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 D CONDITIONS OF SUCH POLICIES.LIMITS S Y HAVE BEEN REDUCED BY PAID CLAIMS - ....... .,,. PE MCE,,.� K ,_--. 6' UBR --UMBER oOPuY EFP !+ T LIMITS tute�ruas•seADE 1 )( DGGGfdFd 80239577 7S 28/12019 26112020 Lti PRENTED NG� �_1 1' C C u _„ m„ �. � �� _ c 10o,aa0 � ,m �, PCILlCY X MIT 5 PER . �Ia...Cf�PPfCG,u3 ,w ,.� 2,000,000 C0 �Llrr T I AaaLITY 6023951753 21112019 21112020 CD 1S...�E �1 ...1° ' AtdrE Drali.�r "UT s I t y! r- u�� P -°r ,.. . . OWED 1"UT ta!!LE® -- .- . _- .� H Rrti tlPlWu tluIII�VD A41r®5®IdII,Y '6 j 1 P r�� [0112 10000 UM6RELEAUAP OCCUR 1 rv. J EGE36LIAa CLAt1A*rIAAflE + € :r ........ .. 3.. " i DED nETE Y1M Oga?39s7722 � � 2I182015 211i2020 u X I;:ST1(tC� „ 6ER.... -- mm„„ noN PER A gRximsOd�UI� d _ 4d DTn500,a60 rtL1Y PROPRIETOWAR T R'EXECUTIVE A E L t1 A C1Etdr C'L%.DED? t @ .. get Et, .AMf,._a�F, 50000 r nd 500000 A ,Equlpment Floater 16023951736 I 2 I12019 2I1 20 Laa e, ant 50,00D; f3�4CRIPT8r7rA®F rdPERATICPre�N LOCATIDddf dld$6liCLES IAC®ilLf 799.,A�d161®na6 r4en��Ys�che¢tuf mslP bs a94aclied 11 Pro®ea sgise�fa rsqulosdl Prgact: Hurricane Irma Pirates Road,Little Torch Key Guardrail Replacement. N�areas County Board®1 County Commissioners,Its employees,&olnslals, are included as AddIdonal Insured for General Liability Auto Liability,when required in a Trritten contract or agreement with the Insured. WA A ,m SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County OCC THE EXPIRATION DATE THEREOF„ NOTICE WILL BE DELIVERED I IY ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Slonlvn Street Key West.FL 33040 AUTHORUEDREPRES"I'ATIVE ACORD 25120i6103) 19 15 ACORD CORPORATION. All rights reserved. e ACORD name and logo are registered marks of ACORD CNA63359XX CNAPoicy#6023951753 (Ed. 04112) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE 4. An"employee" of yours is an"insured"while A. Who Is An Insured operating an "auto" hired or rented under a contract or agreement in that "employee's" The following is added to Section II, Paragraph name„ with your permission, while A.1.,Who Is An Insured: performing duties related to the conduct of 1. a. Any incorporated entity of which the your business. Named Insured owns a majority of the "Policy," as used in this provision A. Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage b. The insurance afforded by this provision Farm but, A.I. does not apply to any such entity 1. Which are no longer in force; or that is an "insured" under any other 2. Whose limits have been exhausted. liability "policy' providing "auto" coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section II, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from $2,000 to$5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A-2.: changed from $250 to$500 a day. a. Is effective on the acquisition or C. Fellow Employee formation date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary of its inception date, whichever is Such coverage as is afforded by this provision earlier. C. is excess over any other collectible insurance. b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury' or"property damage"caused by an accident that Breakage A. Glass Breaka e—Hittin A Bird Or Animal— Fallin occurred before you acquired or g Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy"providing"auto"coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as an repaired, in a manner acceptable to us, rather additional insured is an "insured" but only than replaced. with respect to their legal liability for acts or B. Transportation Expenses omissions of a person, who qualifies as an "insured" under Section II — Who Is An Section III, Paragraph A.4.a. is revised, with Insured and for whom Liability Coverage is respect to transportation expense incurred by afforded under this policy. If required by you,,,to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. CNA63359XX copyright,cNA corporation„2000. Page 1 of 3 (Ed. 04112) Includes copyrighted material of the Insurance Services Office used with its permission.. CNA63359XX CNA (Ed. 04112) C. Loss of Use Expenses Section III, Paragraphs B.4.c and B.4.d. are Section III, Paragraph A.4.b. is revised„ with deleted and replaced by the following: respect to loss of use expenses incurred by you, c. Physical Damage Coverage on a covered to provide: 1.auto" also applies to "loss" to any a. $1„000 maximum, in lieu of$600. permanently installed electronic equipment including its antennas and other D. Hired "Autos" accessories. The following is added to Section III. d. A$100 per occurrence deductible applies to Paragraph A.: the coverage provided by this provision. 5. Hired "Autos" G. Diminution In Value If Physical Damage coverage is provided under The following is added to Section III, this policy, and such coverage does not extend Paragraph B.6.: to Hired Autos, then Physical Damage coverage Subject to the following, the "diminution in is extended to: value"'exclusion does not apply to: a. Any covered "auto"you lease, hire,, rent or barrow without a driver; and a. Any covered "auto" of the private passenger type you lease, hire, rent or b. Any covered "auto" hired or rented by borrow, without a driver for a period of your "employee" without a driver, under 30 days or less, while performing duties a contract in that individual related to the conduct of your business; °'employee's" name, with your and permission, while performing duties b. Any covered "auto" of the private related to the conduct of your business. passenger type hired or rented by your c. The most we will pay for any one "employee"without a driver for a period "accident" or "loss" is the actual cash of 30 days or less, under a contract in value, cost of repair, cost of that individual "employee's" name, with replacement or $75,000, whichever is your permission, while performing less, minus a $500 deductible for each duties related to the conduct of your covered auto. No deductible applies to business. "loss"caused by fire or lightning. c. Such coverage as is provided by this d. The physical damage coverage as is provision is limited to a "diminution in provided by this provision is equal to the value" loss arising directly out of physical damage coverage(s) provided accidental damage and not as a result on your owned"autos." of the failure to make repairs; faulty or e. Such physical damage coverage for incomplete maintenance or repairs; or hired"autos"will: the installation of substandard parts. (1) Include loss of use, provided it is d. The most we will pay for "loss" to a the consequence of an "accident" covered "auto' in any one accident its for which the Named Insured is the lesser of: legally liable, and as a result of (1) $5,000; or which a monetary loss is sustained (2) 20% of the "auto's" actual cash by the leasing or rental concern. value(ACV). (2) Such coverage as is provided by Ill. Drive Other Car Coverage—Executive Officers this provision will be subject to a limit of$750 per"accident." The following is added to Sections 11 and III: E. Airbag Coverage 1. Any "auto" you don't own, hire or borrow is a The following is added to Section III, covered"auto"for Liability Coverage while being used by, and for Physical Damage Coverage Paragraph B.3.: while in the care, custody or control of, any of The accidental discharge of an airbag shall not your"executive officers,"except: be considered mechanical breakdown. a. An "auto" owned by that "executive officer" F. Electronic Equipment or a member of that person's households or CNA63359XX Copyright,CNA Corporation,2000, Page 2 of 3 (Ed. 04/12) lnctudes copyrighted material of the Insurance Services Office used with its permission, CNA63359XX CNA (Ed. 04112) b. An "auto" used by that "executive officer" The following is added to Section IV, while working in a business of selling, Paragraph A.S. Transfer Of Rights Of servicing, repairing or parking"autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written and contract or agreement to obtain this waiver from US. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar goveming document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph 8.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B.7.(5).(a). is revised to Paragraph A.2.b.: provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injuryrr' means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B., Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. CNA63359XX Copyright,CNA Corporation,,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However„ such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies„ 1. bodily injury„property damage,or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract„or 2. bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard,and only if a. the written contract requires the Named Insured to provide the additional insured such coverage;and b. this coverage part provides such coverage. B. bodily injury,property damage, or personal and advertising injury arising out of your work described in such written contract„but only if. 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazards and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10�01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy,, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage„or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps shop drawings, opinions, reports, surveys„ field orders, change orders or drawings and specifications;and 2. supervisory„inspection„architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part, IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess,contingent or any other basis. However,.,if this insurance is required by written CNA75079XX..1.15.......................... .mm............................................................................................-................................................................................ -mmmm.mmP,- "icy' ..flIICy........No...........................602 39.........9-5-173.7--3-mm6...... . Page 1 of 2 Endorsement No: 9 CONTINENTAL CASUALTY C.O PAN ' Effective Date: 02/01/2019 Insured Name; SUNSHINE GUARDRAIL CORP Copyright CNA AN Rights Reserved. Includes copyeghted material of Insurance services Office,Inc.,,with As permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement ' contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following- Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement„ agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,defense,or settlement of the claim;and 4, tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured, VI. Solely with respect to the insurance granted by this endorsement;, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement; A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage or 2. the offense that caused the personal and advertising Injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. ...,, This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, tak -es effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrent ll with said Policy 7 7 1®l ) Policy No. 6023951736 Page 2 of 2 Endorsement o; 9 CONTINENTAAL4 CASUALTY COMPANY Effective tee 02/01/2019 Insured Name: SUNSHINE NE: GUARDRAI L,: CCFti,A Copyright C A All Rights Resomed Includes copyrighted material of Insurance ServK=. Inc.,vrith its permission ,.,.,.,. CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,TABLE OF CONTENT,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. ... , , S ....................................................................................................... ................................................................ 1,',,,,,,,,AdditionalInsu reds .. .... .... ., ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodifly,,1,,,,',,,,, ,,_,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, Injury Expanded Definition ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4. Broad Knowledge of Occurrence/Notice of Occurrence ..................5 ,,,,,,, ,,,,,,,,... mm ,m,,,, ,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,-...._______________________________ .,,,,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Broad Named Insured .. , 6. Broadened Liability,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ty Coverage For Damage To Your Product A,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_.,............................................................... And Your Work , 7. Contractual Liability-Railroads ................................................................ 8. Electronic Data Liability .................................��,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,,,,................................................................... 9. Estates, Legal Representatives and Spouses ,,,,,,,�,,10. Expected Or ,.,,,,,,,,,,,.�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........................................................................�.,,,,,,,,,,, Intended — .mm.�,,� ....,,,,,,,P„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Injury Exception far Reasonable Force 11. General Aggregate Limits of Insurance—Per Project -, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. .....,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, ..........................................................,,,,,,,, 12. In Rem Actions ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 13. Incidental Health Care Malpractice Coverage 14. Joint VentureslPartnership/Limited Liability Companies ,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,w,,,,..,,,,,.................................................................. 15. Legal Liability — Damage To Premises 1 Alienated Premises 1 Property In The Named Insureds Care„ Custody or Control ......................................................................... .....m,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.. =16. Llquoriability ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,mm,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„ ,, ,,,,,,,,,,,,,,,,, ro 17. Medical Payments ..n...................................................................... I�g 18. Non-owned Aircraft Coverage 1,9. Non-owned Watercraft ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, - 20. Personal And Advertising Injury—Discrimination or Humiliation 21......Personal And,, ,, , ,,,,,,, ,,,,,,,,,... Advertising Injury -Contractual Liability 2 ,,,,,,,,,,,, ............................................................................ , ,,,,,,,,.,,..............................................................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 2. Property Damage Elevators ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , .,,,,,, ........................................................................ . 23. Supplementary Payments ..............................................................................m..,.m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,-,.,,,............................................................... 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket ........................................................................... — 26. Wrap-Up Extension: OCIP CCIP,or Consolidate,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,w...,- d(Wrap-Up)Insurance Programs ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,m ,,,,,,,,,,,,, — C NA74705XX (1��15) P o ii.c—y N 1 . 5 1,7 Page 1 of 17 Endorsement No: CONTINENTAL CASUALTY COMPANY active Date: 02/0].., 2 0 2. Insured Name. SUNSHINE GUARDRAIL CORP Copyright CNA All Rights Reserved Includes copyrighted material of Insurance services Office,Inc.,with 13 permission. 11,11,11,11,11, .11,11,........................................................................................T-111111111111111111111............................... CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the tern of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury„ for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured„ but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect 10 liability for bodily Injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA7470„ 1. .... .... . ... ........ cow „ , i, 11 OSXX (1-15) POliCy ND: 60239S 11 1 7 11 3 11 6 Page 2 of 17 Endorsement No: e CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2019 Insured Name: SUNSHINE GUARDRAIL CORP Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Servicm Office.Inc.„with its permission P BUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,,,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily Injury or property dama9e,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,,or for such additional insured, F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership,maintenance„,or use of a premises by a Named Insured, The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. G. State or Govemmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily Injury, properly damage or personal and advertising injury arising out of 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners,or decorations and similar exposures; or b. the construction,erection,or removal of elevators;or a 8 c. the ownership,maintenance or use of any elevators covered by this insurance;or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf,. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Ensured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury caused by: CNA74705XX(1-15) Policy No: 6023951736 Page 3 of 17 Endorsement No: B CONTINENTAL CASUALTY COMPANY Effective Dale: 02/01/2019 Insured Name: SUNSHINE GUARDRAIL CORP Copyright CNA All Rights Reserved Indudes capyrighted material of Insurance Services Office,tnc.,with its permission, CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions or b,. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event, 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:., If the Named insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary; and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own; insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding; anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury,, sickness or disease sustained by a person, including death, humiliation, shock,; mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury„sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties In The Event of Occurrence, Offense,Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence„ offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured,,to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However„ the Named Insured shall give written notice of such occurrence,, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. S. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX 1-15 Policy,N, ... ...... .... . o 0;235.1730 Page 4 of 17 Endorsement No:, a CONTINENTAL CASUALTY COMPANY Effective Date: 0 /01/,2 O'11.9 Insured Name: SUNSKINE GUARDRAIL CORP Capyright CNA All Rights Reservers Includes mpyrighted material of Insurance Services Office,Inc.,with its permission. .................................................................... .................. .. ................... ...... ....... ............ ......................... CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured„ provided that there is no other similar liability insurance, whether primary, contributory,excess, contingent or otherwise„which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit„ and without regard to whether its coverage is broader or narrower than that provided by this insurance, But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture,; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means; A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement,to protect, control the use of, encumber or transfer or sell property held by a trust.. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases„ nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. S. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following; This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from; (1) fire; (2) smoke; (3) collapse, or (4) explosion, I. Damage to Your Work ® Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard ® This exclusion does not apply (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor;;or CNA74705XX(1-15) Policy No 6023953.736 Page 5 of 17 Endorsement No: a CONTINENTAL CASU T..PTY COME-')ANY Effective Date; 02/01/2 0 19 Insured Name: SUNSHINE GUARDRAIL CORD Copyright CNA AA Rights Reserved IndudescDpyrighlead materiM W insurance servi s Mice,Inc.,,with its permission. CNA C N A PARAMOUNT Contractors' General Liability Extension Endorsement ... ...� w�� , ,e� m - m... ..... . �. .� ,�,� (2) If the cause of loss to the damaged work arises as a result of (a) fire; (b) smoke,', (c) collapse,;or (d) explosion... B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor, C. This Broadened Liability Coverage For damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY--RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means- a. A contract for a lease of premises, However„ that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement, (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surreys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy NO: 60239!u a 7 6 Page 6 of 17 Endorsement No: 8 CONTINENTAL CASUALTY COMPANY Effective Date: 02/01t:20:II.9 Insured Name: SUNSHINE GUARDRAlL CORP Copyright CNA All Rights Reserved andudes copyrighted material of nsurance Services Office,Inc. with 6 permission, _... _..... CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to; p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily Injury,. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data C. The following definition is added to DEFINITIONS Electronic data means information„ facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: ` Property damage means: K i4 a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use sir shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at `( the time of the occurrence that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance,electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the _ $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. . ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided,, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for -= CNA74705XX (1-15) Polic No. 6023951736 Page 7 of 17 Endorsement No: a CONTINENTAL CASISALTTY COMPANY Effective Date: 02/01/2019 Insured Name: SUNSHINE GUARDRAIL CORD Copy6ght CNA AVI Rights Reserved. includes copyrighted meter&of kiswrance Cervices Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act„ error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts„ errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY--EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following; This insurance does not apply to' Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard,,and 2. All medical expenses under Coverage C„ that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations„ nor the Construction Project General Aggregate Limit of any other construction project. B. All" 1. Damages under Coverage B, regardless of the number of locations or construction projects involved 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved- 1-15) .... . . olicy o: 50239 11 51736 Page f 17 Endorsement No; B CONTINENTAL CASZJALT.d COMPANY Effective Date: 02/01/2019 Insured Names SUNSHINE GUARDRAIL COW", Copyright CNA SIB Rights Reserved 'zdudes copyrighted material of Insurance Services ice,Inc.,Wth its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES„ Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if- (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act„ error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion- This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits),. It. delete the exclusion entitled Contractual Liability and replace it with the following- This'insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Ill. add the following additional exclusions: This insurance does not apply to Discrimination any actual or alleged discrimination,, humiliation or harassment„ including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability;, marital status or sexual ® orientation.. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act„error or omission. Medicare/Medicaid Fraud ____. .............................. . .. ......................... ............... .................................... .p`g9®6 _j1m1_5) Policy 1 Endorsement ' CONTINENTAL CASUALTY COMPANY Effective Date; 0"2/01/2 019 Insured Name: SUNSHINE GUARDRAIL CORP CopyNght CNA AI Rights Reserved. 9ndudes copyW bed matarial of Insurance Services Office„Inc.,,with its permission. .......... ........... ......................................................................_" . .......... ............................................................................. ......... ......................................................................__ - IiCNACNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program, Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions:. Health care Incident means an act, error or omission by the Named Insureds employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.. Professional health care services means any health care services or the related furnishing of food„ beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:; a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician e. Paramedic, f. Dentist; . Physical therapist; h. Psychologist; 1. Speech therapist; J. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. Ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact,circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; III. amend the definition of Insured to: a. add the following:: the Named Insured's employees are Insureds with respect to: (1) bodily Injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and CNA747dw (1_15) Policy No: 6023951736 Page 10 of 17 Endorsement No: a CONTINENTAL CASUALTY COMPANY Effective Date: 02/0 /201 Insured Name: SUNSHINE GUARDRA,L CORP Copyright CNA All Rights Reserved Includes copyrighted material of Insurance services Office rnc,.,with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to; (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's businessw and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business-, when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a)„(b), (c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance„ self insurance or risk transfer instrument, whether primary, excess„ contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage- 14. JOINT VENTURES 1 PARTNERSHIP 1 LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: Z a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company;and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) Insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising Injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up)insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES 1 ALIENATED PREMISES 1 PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A -- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion J.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 6023951736 Page 11 of 17 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2019 Insured Name: SUNSHINE GUARDRAIL CORP Copyright CNA Aft Rights Reserved. Includes copyrighted material of Insurance Senecas Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to', (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property„ (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises' (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3)and(4) of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days,A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: I. tools,or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care,custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. 6NA747— �..� . ., P µt)5XX(1-15)_ .. Palley No: 6023951735 ........,E Page 12 of 17 Endorsement No: a CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2019 Insured Name: SUNSHINE GUARDRA L CORP Copyright CNA All Rights Reserved Includes copyrighted material or nsurencs Services Office,Inc,with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to S. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount, D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following; 6. Subject to Paragraph 5. above,, (the Each Occurrence Limit)„ the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days,The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (11) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care„custody or control; 16. LIQUOR LIABILITY is Under COVERAGES, Coverage A -- Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.. This LIQUOR LIABILITY provision does not apply to an person or organization who otherwise qualifies as an P PP Y Y P r9 q additional insured on this Coverage Part. 17. MEDICAL PAYMENTS e� A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following., 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C—Medical Payments for all medical expenses because of bodily injury sustained by any one person,The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit,. CNA74705XX (7.15) Policy Nm 61021951736.. Page 13 of 17 Endorsement No:; 8 CONTINENTAL CASUALTY COMPANY Effective Date: 02/103,/20319 Insured Name; ,SUNSHINE GUARDRAIL CORP Copyright CNA All Rights Reserved Includes copyrighted material of insurance Services Office,Inc:,with its permission CNA CNA PARAMOUNT General Liability Extension Endorsement M.www ..................... Contractors' G -- ------ �.. __ __. .....___ --- _� _ ..�........ B. Under COVERAGES, the Insuring Agreement of Coverage C Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following; (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and IS. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured„provided that: 1. the pilot in command holds a currently effective certificate issued by the duty constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured„ provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising Injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 6023951735.......... Page 14 of 17 Endorsement No: s CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/2019 Insured Name; SUNSH,NE GUARDRAIL CORP Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office,Inc.,with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale„ rental, lease or sub-lease or prospective sale, rental„ lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination,. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES„ Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. S. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. a 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4)and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators- = CNA74705XX(1-15) Policy No; 6023951736 Page 15 of 17 Endorsement No° a CONTINENTAL CASUALTY COMPANY Effective Date, 02/01/2019 Insured Name: SUNSHINE GUARDRAIL CORP copyright CNA AJI Rights Reserved Includes copyrighted material of Insurance Services Office Inc with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision", the Other Insurance conditions is amended to add the following paragrapK This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property'insurance covering property of others damaged from the use of elevators 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B is amended as follows, A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000, limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000 limit 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS„the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following., The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of 1. the Named Insured's ongoing operations or 2. your work included in the products-completed operations hazardr However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement,and only if such contract or agreement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) Insurance program by applicable state statute or regulation. If the endorsement EXCLUSION - CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O„C..I.P.) or Contractor Controlled Insurance Programs(C.C.I.P) is attached, then the following changes apply, A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf,nor 36 Page ...� � ) ....... .. Endorsement No: �c �,.. 05XX 1-1511 23, 517' g 16 of 17 e CONTINENTAL CASUALTY COMPANY Effective Date: 02/01/201 Insured Name: SUNSHINE GUARDRA:11., CORP Copyright CNA All Rights Reserved. Includes copyrighted matenod of Insurance Seances Office,Inc.,with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement I 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess„ contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) Insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) Insurance program. C. DEFINITIONS is amended to add the following definitions Consolidated (wrap-up) insurance program means a construction:, erection or demolition project for which the prime contractorlproject manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program(O C.I.P,)or Contractor Controlled Insurance Program(C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency„ including but not limited to: 1. single or multifamily housing„ apartments„ condominiums, townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories„ long term care facilities„ hotels or motels. Residential structure also does not include hospitals or prisons, This WRAP-UP EXTENSION: OCIP, CLIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualities as an additional insured on this Coverage Part. r All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment Insurers,achment to the Policy issued by the designated I ur r...s,,tak twkess � er effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. I�r -= CNA74705XX (1-15) Policy No: 6 c 2 3 9 51'°T3 Page 17 of 17 Endorsement No: s a,:.OUr I:rra-sNTAii:.i r::ASUM,,,r �:,.,.oimplulTy Effective Date: 02/01/2101.19 Insured Name. SRINSHINE Gi:u, :RDR.All.� CORP (Copyright CNA K Riglhts Reserved. IIndudes copyrighted rnatedW of Insurance Services Offirz.e,Inc.,with its permission