06/17/2020 Agreement Kevin Madok, CPA
1%
r3 Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 22, 2020
TO: Rhonda Haag
Chief Resilience Officer
Lindsey Ballard, Aide
to the County Administrator
FROM: Pamela G. Hance,.
SUBJECT: June 17th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
D2 Contract, not to exceed 845,000.00, with Earth Tech Enterprises, Inc. to provide
operations and maintenance services on die air curtain system on Canal #266 located on Witters
Iane in Big Pine Key; retroactive to June 1, 2020; funded by die MSBI l established for die system
in 2019.
Should you have any questions please feel Free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PWROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
OPERATIONS AND MAINTENANCE AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
AND
EARTH TECH ENTERPRISES INC.
THIS AGREEMENT is made and entered into this 17th day of June 2020 by and between the
Monroe County Board of County Commissioners whose address is 1100 Simonton Street, Room 2-
205, Key West, Florida 33040 (hereafter "County") and Earth Tech Enterprises Inc. whose address
is 6180 Federal Court, Naples, Florida 34116 (hereafter"Contractor")
For the following Project: AIR CURTAIN OPERATIONS & MAINTENANCE
CANAL 4266 BIG PINE KEY, MONROE COUNTY, FL
1. THE AGREEMENT
The Agreement consists of this document and its exhibits.
2. SCOPE OF THE WORK
The CONIRACTOR shall provide system operations and maintenance (O&M) and
monitoring, including the cost of electricity consumed and the deposits and fees required by the
Utility and as documented by paid receipts from the utility. The Contractor shall also provide
replacement of parts and non-maintenance repairs as needed. At a minimum, the O&M activities
shall include:
a) Check, clean, and replace as necessary the blower filters, pistons, 0-rings, and gaskets in
accordance with the manufacturer specifications. The air filters shall be replaced at least
quarterly and the pistons shall be replaced as needed.
b) Dive into the canal and clean the fouling from the air curtain discs using a scrub brush or
equivalent. Adjust the distribution manifold as necessary to reestablish equal air distribution
once the fouling has been removed from both sides of the weed barrier system.
c) Inspect the blower enclosure cooling fans and lubricate as necessary.
d) Inspect all visible plumbing lines,fittings, and components for signs of damage, degradation,
or leaks, and correct or replace as necessary. Evidence of damage shall immediately be
reported to the County's project manager. Repairs as a result of damage will be subject to
additional services payment per Exhibit A
e) Respond within 48 hours to individual homeowner complaints. Such response may be in
electronic or other communication methods. The County's project manager shall be notified
of all complaints and the resolution.
Maintenance visits shall be completed monthly for the first quarter and quarterly thereafter for the
duration of the contract period.
Page I of Contract
Document each visit using the attached O&M Inspection Form included as Exhibit B and submit to
the COUNTY within 48 hours after completing inspection.
The Contractor shall establish an account for the system with the Keys Energy Services (Keys
Energy) for the systems dedicated meter and shall pay all associated fees and deposits required for
establishing the electrical service. Additionally, the Contractor shall pay the monthly electric bill in
a timely manner so that a disruption in service does not occur.
3. ADDITIONAL SERVICES
A. If Additional Services are required, the County shall issue a letter requesting and describing
the requested services to the Contractor. The Contractor shall respond with a fee proposal to
perform the requested services. Only after receiving approval in writing and a notice to
proceed from the County, shall the Contractor proceed with the Additional Services.
B. If Additional Services are desired for the services or replacement equipment listed in Exhibit
A, the County shall issue a Task Order describing the requested services to the Contractor.
Only after receiving an executed Task Order from the County, shall the Contractor proceed
with the Additional Services.
C. Additional services and equipment are services not included in the Scope of Basic Services.
Should the County require additional services they shall be paid for by the County at rates
or fees negotiated at the time when services are required,but only if approved by the County
before commencement.
4. CONTRACT AMOUNT
A. The COUNTY shall pay the Contractor an amount not to exceed Twenty Thousand Dollars
($20,000.00)for the Contractor 's performance of the Contract for operation and maintenance of
the air curtain. This amount includes payments as follows:
Service Unit 9 Visits Per Visit Price Total
1 Monthly for Quarter 41 EA 3.0 $2,000.00 $ 6,000
2 Quarterly for quarters 42-8 EA 7.0 $2,000.00 $ 14,000
Total $ 20,000
B. No additional costs for travel, mileage, meals, or lodging shall be allowed.
C. The County shall additionally reimburse the Contractor up to Twenty-Five Thousand Dollars
($25,000.00)for the sole purpose of reimbursing the Contractor for the actual power consumption
costs paid. It is estimated, due to the no-run condition for favorable winds, that the system shall
run approximately 80% of the time at a total, Not to Exceed (NTE) annual estimated cost of
$12,500.00. Fees and deposits to be reimbursed by the County at actual costs plus 10%overhead
and Profit.
Page 2 of Contract
D. The Total Contract value shall not exceed Forty-Five Thousand Dollars ($45,000.00).
E. The County shall additionally reimburse the Contractor for the replacement costs of equipment
not covered under the normal operations and maintenance services, subject to a task order issued
by the County and paid receipts provided by the Contractor.
5. BUDGET
A. The CONSULTANT may not be entitled to receive, and the County is not obligated to pay,
any fees or expenses in excess of the amount budgeted for this contract in each fiscal year
(October 1 - September 30) by County's Board of County Commissioners. The budgeted
amount may only be modified by an affirmative act of the County's Board of County
Commissioners.
B. The County's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Board of County Commissioners and the approval of the
Board members at the time of contract initiation and its duration
6. PAYMENTS TO CONTRACTOR
A. Contractor shall submit to County itemized invoices with all required supporting O&M
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to
the Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. Invoices for O&M may be
submitted quarterly in the lump sum amount indicated herein. Invoices for the electrical
may also be submitted quarterly, with a paid receipt from FKEC for the previous month's
power use.
B. County shall pay in accordance with the Florida Local Government Prompt Payment Act;
payment will be made after delivery and inspection by County and upon submission of
invoice by Contractor.
7. TERM OF AGREEMENT
A. The start of the O&M Agreement will commence on June 1, 2020 and extend for two (2)
years unless terminated earlier under paragraph 19 of this Agreement.
B. The County shall have the option to renew this Agreement for up to two (2) additional years
upon period at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term.
8. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
Contractor has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the County upon request.
Page 3 of Contract
9. FINANCIAL RECORDS OF CONTRACTOR
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS,
running from the date the monies were paid to Contractor.
10. PUBLIC ACCESS
A. 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 parry, 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.
B.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.
(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
Page 4 of Contract
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.
C. If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract,notwithstanding the County's
option and right to unilaterally cancel this contract upon violation of this provision by the Contractor.
A Contractor who fails to provide the public records to the County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
D. 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 (305) 292-
3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
11. HOLD HARMLESS AND INSURANCE
A. Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the County and the County's elected
and appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury(including death), loss, damage, fine,penalty
or business interruption, d (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Contractor or any of its employees, agents, sub-contractors or other
invitees during the term of this Agreement, (B) the negligence or willful misconduct of
Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the terms of
this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the County or any of its employees, agents, contractors or invitees
(other than Contractor). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term
of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
B. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of Contractor to comply
Page 5 of Contract
with the requirements of this section shall be cause for immediate termination of this
agreement.
Prior to execution of this agreement, Contractor shall furnish the County Certificates of Insurance
indicating the minimum coverage limitations in the following amounts:
Type of Insurance Limits County Form
Commercial General $300,000 GLI
Liability
Business Automobile $300,000 VL2
Liability
Workers Compensation Statutory WC3
Employers Liability $I00,000/$500,000/$I001000 WC3
Jones Act Coverage $300,000 WCJA
Watercraft Liability $500,000 WLI
C. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to
the County at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the County before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the County, its officials, employees,
agents and volunteers. Monroe County Board Of County Commissioners must be named as
Additional Insured on all policies except Worker's Compensation.
12. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County
and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage,
self-insurance coverage, or local government liability insurance pool coverage shall not be deemed
a waiver of immunity to the extent of liability coverage,nor shall any Agreement entered into by the
County be required to contain any provision for waiver.
13. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement Contractor is an independent contractor
and not an employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed so as to find Contractor or any of his employees, subs,
servants, or agents to be employees of the Board of County Commissioners of Monroe County.
14. NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal and Florida
Page 6 of Contract
statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit
discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title
IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973,
as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended(42 USC §§ 6101-6107),which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91616), as amended,relating
to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality
of alcohol and drug abuse patient records; 8) Title VHI of the Civil Rights Act of 1968 (42 USC §§
3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion,
national origin, ancestry, sexual orientation, gender identity or expression,familial status or age; and
11) any other nondiscrimination provisions in any federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
15. ASSIGNMENT/SUBCONTRACT
Contractor shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County and Contractor, which approval shall be subject to such conditions and provisions
as the Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions
of this agreement. Unless expressly provided for therein, such approval shall in no manner or event
be deemed to impose any additional obligation upon the board.
16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, Contractor shall abide by all laws
of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter adopted. Compliance
with all laws includes, but is not limited to, the immigration laws of the Federal and State
government. Any violation of said statutes, ordinances, rules and regulations shall constitute a
material breach of this agreement and shall entitle the Board to terminate this Agreement.
CONTRACTOR shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this Agreement.
17. DISCLOSURE AND CONFLICT OF INTEREST
A. Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
Page 7 of Contract
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited
to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation;misuse of public position,conflicting employment or contractual relationship;
and disclosure or use of certain information.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all programs in Monroe County
which the Contractor sponsors, endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether or not such program is
required by statute, as a condition of probation, or is provided on a voluntary basis.
C. 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.
18. NO PLEDGE OF CREDIT
Contractor shall not pledge the County's credit or make it a guarantor of payment or surety
for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
19. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered
or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Earth Tech, Inc.
Sustainability &Projects 6180 Federal Court
102050 Overseas Highway, Ste. 246 Naples, FL 34116
Key Largo, FL 33037
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
Page 8 of Contract
20. TAXES
County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not
be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials
used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's
Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
21. TERMINATION
A. The County or Contractor may terminate this Agreement for cause with seven (7) days'
notice to Contractor. Cause shall constitute a breach of the obligations of either party to
perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the other
party One Hundred Twenty(120)days written notice of its intention to do so with neither
party having any further obligation under the terms of the contract upon termination.
C. The County may at any time and for any reason terminate Contractor's services and work
at County's convenience. Upon receipt of such notice, Contractor shall,unless the notice
directs otherwise, immediately discontinue the work and placing of orders for materials,
facilities and supplies in connection with the performance of this Agreement. Upon such
termination, Contractor shall be entitled to payment only as follows: (1) the actual cost
of the work completed in conformity with this Agreement; plus, (2) such other costs
actually incurred by Contractor and approved by the County; (3)plus ten percent (10%)
of the cost of the work referred to in subparagraph (1) above for overhead and profit.
Contractor shall not be entitled to any claim or claim of lien against the County for any
additional compensation or damages in the event of such termination and payment.
22. GOVERNING LAW,VENUE, INTERPRETATION,MEDIATION,
A. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made and to be performed entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement,the County and Contractor agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
C. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
D. The County and Contractor agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
Page 9 of Contract
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
23. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement. The County
and Contractor agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
24. ATTORNEY'S FEES AND COSTS
County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement,the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in
appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket
expenses whether it is the prevailing party or not, through all levels of the court system.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of County and Contractor. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or
issues are still not resolved to the satisfaction of County and Contractor, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
26. 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.
27. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of County and Contractor and their respective legal representatives, successors, and
assigns. Contractor
Page 10 of Contract
28. AUTHORITY
Each parry represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
29. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement;provided that all applications,
requests, grant proposals, and funding solicitations shall be approved by each parry prior to
submission.
30. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the County,when
performing their respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the County.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the County, except to the extent permitted by the Florida constitution, state statute, and
case law.
32. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement
to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or
program contemplated hereunder, and the County and the Contractor agree that neither the County
nor the Contractor or any agent, officer, or employee of either shall have the authority to inform,
counsel,or otherwise indicate that any particular individual or group of individuals,entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
33. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
Page 11 of Contract
34. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement
of any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of this
Agreement.
35. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
37. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity,may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a Construction Manager, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list."
38. FEDERAL CONTRACT REQUIREMENTS
A.EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the Contractor, in accordance with Equal Employment
Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by
Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment
Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part
200, Appendix H, ¶ C, agrees as follows:
1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but not be limited to the
following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to
Page 12 of Contract
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 orders of the Secretary of Labor.
6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto,and will permit access to his books,records, and accounts by the contracting agency
and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7) In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding
paragraph(1)and the provisions of paragraphs (1)through(7)in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
Page 13 of Contract
including sanctions for non-compliance; provided, however, that in the event a Contractor becomes
involved in, or is threatened with, litigation with a sub consultant or vendor as a result of such
direction by the administering agency the contractor may request the United States to enter into such
litigation to protect the interests of the United States.
MISCELLANEOUS FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326
and 2 C.F.R. Part 200, as amended including but not limited to:
B. DAVIS-BACON ACT, as amended (40 U.S.C. §§3141-3148).
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 applicable, the
County must place a current prevailing wage determination issued by the Department of Labor in
each solicitation. 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
Act, each contractor or sub recipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The County must report all suspected or
reported violations to the Federal awarding agency.
a)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.
b) Subcontracts. The Contractor or sub consultant 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 sub consultants to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the compliance by any sub consultant or lower tier sub Contractor
with all of these contract clauses.
c) 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.
C. 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
Page 14 of Contract
or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate
of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours
in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
D. RIGHTS TO INVENTIONS
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 sub recipient 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 sub recipient must comply with the requirements of 37 CFR
Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
E. CLEAN AIR ACT (42 U.S.C. 7401-7671q.)AND 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. §§7401-7671q) 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 Act(42 U.S.C. 7401-7671q.)
and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to
Contracts and sub grants of amounts in excess of$150,000.
F. DEBARMENT AND SUSPENSION (Executive Orders 12549 and 12689)
A contract award(see 2 CFR 180.220)must not be made to parties listed on the government
wide exclusions in the System for Award Management (SAM), in accordance with the OMB
guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189)
and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
G. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. 1352)
Contractor's 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.
Page 15 of Contract
H. PROCUREMENT OF RECOVERED MATERIALS
Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
Contractor must comply with section 6002 of the Solid Waste disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designed in guidelines of the Environmental Protection Agency(EPA) at 40 CPR part 247 that
contain the highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition,where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
L AMERICANS WITH DISABILITIES ACT OF 1990 (ADA)
The Contractor will comply with all the requirements as imposed by the ADA, the
regulations of the Federal government issued thereunder, and the assurance by the Contractor
pursuant thereto.
J. DISADVANTAGED BUSINESS ENTERPRISE
Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with County funds under this
Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this
Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to
participate in the performance of this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with 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 sub consultants 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.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract
goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraph (1)through(5) of this section.
Page 16 of Contract
K. E-VERIFY
The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or providing services
pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the subcontractor during
the Contract term.
L. ACCESS TO RECORDS
Contractor and their successors,transferees, assignees, and subcontractors acknowledge and
agree to comply with applicable provisions governing the Department of Homeland Security (DHS)
and the Federal Emergency Management Agency's (FEMA)access to records, accounts, documents,
information, facilities, and staff. Contractor 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 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 DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
DHS Deal, 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.
M. 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 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.
N. MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Records shall be retained for a period of seven years from the termination of
this agreement or for a period of five years from the submission of the final expenditure report as
per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk
determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes
not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of
the Florida Statutes, running from the date the monies were paid by the COUNTY.
Page 17 of Contract
40.FLORIDA DIVSION OF EMERGENCY MANAGEMENT REOUIREMENTS
A.The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and
Grant Agreement between County and the Florida Division of Emergency Management(Division).
B. The Contractor shall hold the Division and County harmless against all claims of whatever
nature arising out of the Contractor's performance of work under this Agreement, to the extent
allowed and required by law.
38. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF,the patties have caused this Agreement to be executed by their
respective officer or representative therewith duly authorized the day and year first above written.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE
NOTARISED AND WITNESSED BY ANOTHER OFFICER OF THE ENTITY.
' (SEALy ,`, BOARD OF COUNTY COMMISSIONERS
Attest: '/ OF MONROE C UNTY, FLORIDA
,
By: � Q� By: AI
a-slDepyt Jerk Ma hairman
Date t? '"' '"d NROE COUnffY ATTORNEY
(SEAL) FORM
_,r� "°"
P
Aga NTY ATTORNEY
Earth Tech Ente Ares,Inc. Date 6/1/20
Attest /� I'// ��
By: ( Io�✓m/ji6 By:
Dawn Burt
Print Name: Print Name: ch,amra.r Garin
Title: Agent Title: ^'""
Date: in-iota Date: srrs° 7I
STATE OF FLORIDA - N �
rw COUNTY OF
Subscribed and sworn to(or affirmed)before me,by means of liphysical presence or 0 onliitanotariiretionrrr
on mwn,rar (date)by aramrh.rOaring (name ofaffiant).lapin
is personally known to me or has produced n (Se of
identification)as identi ratio fr o
Notary blic .
Bernard McGann / �RWIRO F,
Ary Cgµ—mew,.
Print Name I`..;4,.,:a�?? ro .a: OG2fasty
My commission expires: r.n.n,ehlr Seal --_ aw,� $20 n.aNap7, „
Page 18 of Contract
EXHIBIT A
ADDITIONAL SERVICES AND REPLACEMENT EQUIPMENT
The following equipment list will be used for pricing of replacement of equipment caused by human-
caused damage such as vandalism or boat prop damage and also damage caused by a natural disaster
such as a Hurricane. All other maintenance and repairs shall be included in the operations and
maintenance services performed under this Agreement. Additional services needed not covered
under this agreement for related type of services shall be negotiated between the parties at the time
of such need.
Item 4 Item Unit Estimated Unit Prices
Quantity
1 Mobilization LS 1.0 $ TBD, NTE $6,000
2 Water Quality Control System LF 60.0 $15.00/foot
3 Demolition of Existing Air LS 1.0 $ TBD, NTE $10,000
Curtain- -
4 Electrical Hook-up LS 1.0 $100 .00
5 Weighted Diffuser line LF 1500.0 $4.00/foot
6 Diffuser Manifold with EA 2.0 $1,400.00/diffuser
portable gauge
7 (6) compressors in cabinet on EA 6 $2,000/compressor
existing elevated platform
8 Control panel EA 1.0 $10,000.00
9 Wind Switch EA 1.0 $5,750.00
10 Weather Monitor&Pole EA 1 .0 $1,100.00
11 Labor LS 1.0 $ To be determined
12 Diffusers- 12" Membrane EA 20.0 $190.00 each
Discs
13 Diffuser Bases EA 10.0 $475.00 each
14 Cabinet Landscaping LS 1.0 $750.00
15 Navigation Hazard Reflective EA 1 .0 $1,750.00
Signs
Page 19 of Contract
EXHIBIT B
O&M INSPECTION FORMS
Page 20 of Contract
OPERATIONS AND MAINTENANCE SUMMARYREPORT
Air Curtain Operations and Maintenance
Water Quality Improvement Project Canal#266 Doctor's Arm
Big Pine Key, Monroe County, FL
.CanalF'7'266
Report Completed By:
Date:
Weather:
Day:
ReportNo: ....................................................
CLIMATE CONDITIONS A.M. P.
Low Temperature: Partly Cloudy
High Temperature- Cloudy
Wind Speed: Windy
Wind Direction: Rain
SYSTLM MEASUREMENTS:
Diffuser
Line 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Pressure
Flow
WEED WRACK CONDITIONS:
Extent of weed wrack outside of curtain: Is it stagnant or migrating along the shoreline?
Presence of weed wrack inside canal? If so, describe quantity, extent, and location:
Other:
Page 21 of Contract
SUMMARY OF VISIT AND INSPECTION:
PREVENTATIVE MAINTENANCE AND CLEANING ACTIVITIES PERFORMED:
WARRANTY ITEMS ADDRESSED:
UNRESOLVED ISSUES/FACTORS CONTRIBUTING TO POTENTIAL OPERATION
OR ITEACE ISSUES:
OTHER TES:
Page 22 of Contract
OPERATIONS AND MAINTENANCE INSPECTION REPORT
FIELD REPORT AND CHECK LIST
Project Tralc. nu I - . ICanal cuv vFsc�aaI m�u�r�aunacnm we
water Quality improvement Project
Canai;;166 uoctor's Arm,trig Nine Key,monroe county,H.
Date: Time of inspection:
I— ..+,...J L..,
MM
VISUAL INSPECTIONS
INSPECTION ITEMS YES NO Corrective Action Notes/Summary of conditions
SITE CONDITIONS
Evidence of damage
Evidence of vandalism
Washouts/un even ground
Evidence of leaks
Excessive trash/debris
Evidence of weather damage
ELECTRICAL SYSTEM
Electrical Meter in working order
Electrical panel locked
Evidence of exposed wiring
Wire connections weathertight
Breakers secure in panel box
Damage or vandalism noted
CONTROLS
Wind vane in working order
Wind vane cables secure
Wind vane pole secure,level
Control panel locked
Evidence of damage to control panel
Motor starters,components in good condition
AERIATION SYSTEM
Evidence of damage to compressor cabinets
Gauges working
Visible wear on pistons/vanes
Wiring in secure,good condition
Compressors secure in cabinet
Evidence loose or broken air lines
Remote manifold lines secure/no damage
Page 23 of Contract
AC"RO� E"DATE(MMlDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE (M /20
210
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the polcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER rNAfttL Wendy L. Hingson
VTC Insurance Group �y�_Ext): (239) 275-8226 eAtC,No): (239) 275-8837
EMAIL
Troy Office ADDRESS: whingson@vtcins.com
1175 W. Long Lake Ste, 200 INSURERS)AFFORDING COVERAGE _ NAIC#
Troy MI 48098-4960 INSURERA:American Casualty Covvv of Reading, PA 120427
INSURED IINSURER B:Continental Insurance Co. 135289
Earth Tech Enterprises, Inc. INSURERC Underwriters of Lloyd's,, London 15642
6180 Federal Ct.
INSURERD Ameri sure Insurance Company _ 10488�
B
Fort Myers, FL 33905 [INSURERE:Zurich American Insurance Co 16535
RER F:
COVERAGES CERTIFICATE NUMBER:2020-2021 Term REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PFRion
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR .. -- ADDL SUBR. .-. _ __.
LTR TYPE OF INSURANCE
POLICY EFF POLICY'EXP
POLICY NUMBER MMIDDIYYXY MMIDD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
.......,.. _,...,..,_.
DAMA
A CLAIMS-MADE X OCCUR PREMISES
(Ea oc ED 100,000
.,........ _......s .,.PREMISES (Eaoeourrence) $
X Includes: Contractual Li.ab X Y 60BO440888 4/5/2020 4/5/2021 MED EXP(Any one person) $ 15,000
b RC13,C',qv age PERSONAL &ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2 000,000
� .......
POLICY 1J JEI v LOC APPROVED RISK MANAGEMENT PRODUCTS-COMPIOPAGG $ 2,000,000
OTt1ER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
05-15-2020 (Ea accident) $ 2,000,000
B X ANYAUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED
�p
AUTOS X AUTOS X y 6080440660 4/5/2020 4/5/2021 BODILY INJURY(Per accident) $
NON-OWNED -PROPERTY DAMAGE - '
X HIREDAUTOS X AUTOS $
a. (Per accident),,,,,,,,,
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 .
/ GE $ 5 000 000
C EXCESS LIAB CLAIMS-MADE SCX1013320 4 5/2020 4/5/2021 AGGREGATE
DED I X '..RETENTION $ 0 X Y 'I Follows Form $
WORKERS COMPENSATION PER 01 H-
AND EMPLOYERS'LIABILITY YIN X I STATUTE EIS ,.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? F_N],NIA E L EACH ACCIDENT $ 1,000,000
D
(Mandatory in NH) Y WC21117130001 4/5/2020 4/5/2021 E.L.DISEASE-EAEMPLOYEE $ 1 000,,000
If yes,describe under ....0
DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ _ 1,000,000
E Inland Marine IM5666360 4/5/2020 4/5/2021 LeasedlRented Any One Item $800,000
I Deductible: $2 5,0 0 0
DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Project: AIR CURTAIN OPERATIONS & MAINTENANCE CANAL #266, BIG PINE KEY, MONROE COUNTY, FL
Where required by written contract, The Monroe County Board of County Commissioners, its employees and
officials are included as additional insureds on a primary and non-contributory basis with respects to
the general liability (see attached endorsement) and additional insured on the automobile polciy (see
attached) . The general liability, automobile liability and work comp policies all include a waiver of
subrogation where required by written contract and allowed by law. Umbrella follows form
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Board of County Commission THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS.
The Gato Building,#2-205
Key West, FL 33040 AUTHORIZED REPRESENTATIVE
I Alan C➢candler/VSI yd P.
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INS025(201401)
Blanket Additional Ins ured -Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
This endorsement mod dios insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It ia understood and agreed as follows:
|. WHO |S /\NINSURED im amended tu Include maanInsured any person mr organization whom you are required
by written contract to add aaon additional insured on this coverage pmrt, but mn|ywdthneupwotto |iob||ity(or
bodily Injury, property damage orpersonal and advertising injury caused in whole orin part by your acts or
omissions, or the acts ur omissions uf those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included inthe prod ucts-cnrnp[ebed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
3. this coverage port provides such coverage.
U. But if the written contract requires:
A. additional insured coverage under the 11'85 edition, 1O-93 edition, or1U'0i edition ofCG2U1O. or under the
10'01 edition ofCG2037; or
B. additional insured coverage with "arising out of"language; or
C. additional insured coverage 1othe greatest extent permissible by law;
than paragraph |.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required
by written contract to add omen additional insured on this coverage part, but only with respect to liability for
bodily injury, property danmagmurpm,00no| and advertising injury arising out of your work that iasubject to
such written contract.
|||. Subject always to the terms and conditions of this poUoy, including the limits of insurance,the Insurer will not
provide such additional insured with:
A. coverage bmuderthanrequired by the written contract; or
B. u higher limit of insurance than required by the written contract.
|V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damoQe, or personal and advertising injury arising out of:
A. the rendering of, orthe failure{orender, any professional architectural, engineering, or surveying services,
including:
1. the preparing, approving, orfailing to prepare orapprove maps, shop drawings, opinions, reports,
surveys,f|e\d orders, change orders ur drawings and specifications;and
2. supervisory,inspection, architectural orengineering activities; or
B. any premises or work forwhioh the additional insured iu specifically listed aaon additional insured un
another endorsement attached tothis onvarmgw part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is
amended 1n add the following, which supersedes any provision to the contrary in this Condition orelsewhere in
this coverage part:
Primary and Noncontributory Insurance
Pogo 1 of 2 Endorsement No:
EffnctiveDat*: 04/05/2020
insured Name: Earth Tech Enterprises, Inc.
Copyright cwA All Rig nmReserved. Includes cop vxnxtoumoteria/o//nsu ran uoa°*/mx Office,/no,'with its p"nmioo/^n,
Blanket Addit onal Insured -Owners, Lessees or
Contractors -with Products-Completed
Operations Coverage Endorsement
With respect to other insurance available to the additional insured under which the additional insured is a named
insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a
written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above,this insurance will be excess of all other insurance available to the additional
insured.
VI. 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, orany occurrence oroffensewhich may result in a claim;
2. send the Insurer copies of all legal papers received,and otherwise cooperatewith the Insurer in the
investigation,defense,or settlement of the claim; and
3, make available any other insurance, and 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
3. 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.
VII. 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 contractor written agreement that requires you to make a person or
organization an additional insured on this coverage part, provided the contractor 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;
forwhich 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 forattachment to the Policy issued by the designated Insurers, takes
effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown
below, and expires COMUrrently with said Policy,
CNA 550T9XX (10-16) _._. Policy No: 6080440888
Page 2 of 2 Endorsement No:
Effective Date: 04/05/2020
Insured Name:Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
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 CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury—Expanded Definition
............
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
----------
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability-Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
..............
10. Expected Or Intended Injury—Exception for Reasonable Force
11. General Aggregate Limits of Insurance — Per Project
12. In Rem Actions
13, Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
................
15. Legal Liability — Damage To Premises 1 Alienated Premises 1 Property In The Named Insured's
Care, Custody or Control
16. Liquor Liability
17, Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury—Discrimination or Humiliation
...........
21. Personal And Advertising Injury -Contractual Liability
... ..............
22. Property Damage -Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation —Blanket
26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs
_6W4,7_4705XX (1-15) Policy No: 6080440888
Page 1 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CMA
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 term 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,
forwhich 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 oragreement; 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 to 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
CNA74705XX (1-15) Policy No: 6080440888
Page 2 of 17 Endorsement No:
Effective Date; 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
termination of such lease. The coverage granted by this paragraph does not apply to structural alterations,
new construction ordemolition operations performed by, on behalf of, orforsuch additional insured.
E. Lessor ofPremises
An owner or |eouur of pnmm|aon [eased to the Named Insured, or such owner or |aaoor'o real estate
managor, but only with respect to liability for bodily in/ury, property damage or personal and advertising
injury arising out of the ovvnorohip, maintenance or use of such part of the premises leased to the Named
Unsured, and provided that the occurrence giving rise to such bodily injury or property damage, 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, orfor 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 |nmurmd's ownership, maintenance, or use ofa premises bya Named Insured.
The ouvenoOo granted by this paragraph does not apply to structural a|tmrations, new construction or
demolition operations performed by, on behalf of,orforsuch additional insured.
G. State or Governmental Agency or Subdivision or Po||1|oa| Subdivisions —Permits
A state or governmental agency or subdivision or po|dioxd subdivision that has |nnuad a permit or
authorization but only with mopoot to such state or governmental agency or subdivision or political
subdivision's liability for bodily injury, property damage orpmnomnaU and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owna, mn(s, or controls and to
which this insurance applies:
o. the oxiotonno, main1onanoe, n*pair, conatmoUon, anyoUon, or removal of advertising o\gns, ewningo,
canopiam, oa||ar enhanoou, 000| ho|eo, dhvewmya, monho|ea, mmvquama, hointewey openingo,
sidewalk vaults, street banners, or decorations and similar exposures; or
b. the oonatruodnn, erection,orremoval of elevators;or
u. the ownership, maintenance or use mf any elevators covered by this insurance; or
3. the permitted or authorized operations performed by a Named Insured or on e Named |nmunmd's
behalf.
The coverage granted by this paragraph does not apply to:
o' Bodily injury, property damage or personal and advertising injury arising out of operations
performed forthe state orgovernmental agency or subdivision or political subdivision;or
b. Bodily injury orproperty damage included within the products-completed operations hazard.
With respect to this pmvioion'a requirement that additional insured status must be requested under ewhtton
contract or agreement, the Insurer will (rout 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 Nonn*d |neured'n participation in a trade show event as an exhibitor, presenter or
diop|uyer, any person or organization whom the Named Insured is required tn include ao an additional
insured, but only with respect to such person or urganization's liability for bodily injury' property
damage or personal and advertising injury caused by:
m. the Named |nourad'e acts oromissions; or
CNA74705XX (1'15) Policy No: 0U8D44O888
Page 3of17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright cm^All Rights Reserved, Includes copyrighted mmwoa/^/Insurance Services Office,mo,with its permission.
CNA
Contractors'General Liability Extension Endorsement
b. the acts or omissions nf those acting nn the Named |nsured's baholf,
in the performance of the Named |nauned\m 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 6annm0e included
within the products-completed operations hazard.
2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL |NSWRED'SINSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS 8aoUon is
amended to add the following paragraph:
U the Named Insured has agreed in writing ine 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. Furthe purpose of this Provision 3..the additional insuved'a own
insurance moons insurance on which the additional insured ioanamed insured. Otherwiee, and notwithstanding
anything to the contrary elsewhere in this CondiUon, the insurance provided to such person or organization is
excess of any other insurance available to such person ororganization.
3. BODILY INJURY —EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily Injury ie deleted and replaced by the following:
Bodily injury means physical injury, uiokn*uo or disease sustained by a pumun, including deoth, humni|iotion,
shook, mental anguish or mental injury sustained by that person at any time which results as a consequence of
the physical injury, sickness ordisease.
4. BROAD KNOWLEDGE QFOCCURRE@CE/ NOTICE OFOCCURRENCE
Under CONDITIONS, the condition onUUad Duties in The Event ofOccurrence, Offense, Claim or Suit is
amended tu 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 ocournunoe, offense or claim in known to a natural person
Named |uounyd, to aportn*/. executive officer, manager or member ofa Named Insured, uranemployee
designated by any of the above tu give such notice.
B. NOTICE OF OCCURRENCE
The Named |nmurod's rights under this Coverage Part will not be prejudiced if the Named Insured fails to
give the Insurer notice of on ocourre000, offense or claim and that failure in 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 oho|| give written notice of such oonurnenoa, offense or claim to the
Insurer as soon an the Named Insured is aware that this insurance may apply to such occurroncn, 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:
n. on the effective date of this Coverage Part; or
b. by reason o[aNamed Insured omuUng or acquiring the organization during the policy period.
CNA74705XX (1'15) Policy No: 6080440888
Page 4 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
oovv«ux(Cwxm/mul,tsnes^*ou. Includes copyrighted material o/Insurance Services Office.|nn..with its permission,
CNA
Contractors'General Liability Extension Endorsement
qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary,
contributory,excess, contingent or otherwise, which provides coverageto such organization, orwhich 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 orjoint 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 orthat first occurs after management control ceases.
5. 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 1. 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: 6080440888
Page 5 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
88 8 the cause of loss to the damaged work arises aoa result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) nxplomion.
El The following paragraph ia added ho UKAOS OF INSURANCE:
Subject to 5. above, $100,008 is the most the insurer will pay under Coverage A for the num of damages
arising out of any ono occurrence because of property damage to your product and your work that is
caused by fire, omokm, collapse orexplosion and in included within the product-completed operations
hazard. This oub|im\t 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 ifan endorsement nf the same name |u attached to this policy.
7. CONTRACTUAL LIABILITY— RAILROADS
With respect to operations performed within 5O feet of railroad pmpody, the definition of insured contract is
replaced by the following:
Insured Contract means:
a. A cnn<nao( for a lease of premises. However, that portion of the contract fora lease of premises that
indemnifies any person or organization for damage by fire 10 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 nb|igmtion, as required by ovd|nmnoe, to indemnify a munioipaUty, except in connection with work for a
municipality;
a. An elevator maintenance agreement;
t Thai part of any other contract or agreement pertaining to the Named \nourmd'm business (including an
indemnification of e municipality in connection with work performed fora municipality) under which the
Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to o
third person or organization. Tort liability means a liability that would be imposed by law in the absence of
any contract wragreement.
Paragraph t does not include that part of any contract oragreement:
(1) That indemnif ies an architect, engineer or surveyor for injury ordamage arising out of:
(a) Pmpahng, approving or failing to prepare or approve mapa, shop dnawinga, opinions, reports,
surveys,field orders, change orders urdnawingn 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 ordamage
arising out of theinoured'o rendering o/fai|unyto render professional services, including those listed in
(1) above and supervisory, inspection, architectural urengineering activities.
8' ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A — Bodi|y Injury and Property Damage Liabi|ity, the paragraph entitled
Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following.,
CNA74705X% (1'15) Policy No:O08O44D888
Page 0ofi7 Endorsement No:
Effective Date: O4/O5/2O2O
Insured Name: Earth Tech Enterprises, Inc.
copyrio»towA All Rights Reserved, Includes copyrighted mate ria I or It isuranceservicesOffice,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
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'e or organ|zat\nn's confidential or personal \nfnnnoUon.
including patents, trade esonda, processing ma(hods, nuobzmar |ists. financial |nfonnaUnn, credit
card information, health information or any othertypeof nonpublic information; or
(2) the |oou of. loss of use of, damage to, corruption of, inability to acceou, or inability to manipulate
electronic data that does not result from physical injury to tangible property,
However, un|ono Paragraph (1) above app|iea, this exclusion does not apply to dmnnmgea because of
bodily injury.
This exclusion applies even if donmo0aa 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 orntheo arising outof(hatwh|uhia described inParagraph (1) or(2) above,
Q. 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 foUuving definition io added to DEFINITIONS:
Electronic data means information,facts orprograrns stored as oron,created orused oil, or transmitted to
or frorn computer software (including systems and applications software), hard orfloppy disks, CD-ROMS,
tapes, drives,cells, data processing devices or any other media which are used with electronically controlled
equipment.
Q. For the purpose of the ouvonaga provided by this ELECTRONIC DATA LIABILITY Provision, the definition
of property damage in DEFINITIONS is replaced by the following:
Property damage means:
m. Physical injury to tangible property, including all resulting |oua of use of that property. All such loss of
use shall ba deemed touoourat the time of the physical injury \hmdnausedit;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to
occur et the time uf the occurrence that caused it; nr
c. Loss of, loss of use of, damage to,corruption of, inability to access,orinability to property manipulate
electronic data, resulting from physical injury to tangible property.All such !oan of electronic data shall
be deemed to occur od the time of the occurrence that caused it.
For the purposes of this inourance, electronic data is not tangible property.
E. If Bac(mnio 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 in part of, and not in addition
to,that higher limit.
9. ESTATES' LEGAL REPRESENTATIVES, AND SPOUSES
lhe enbdew, heim, legal representatives and spouses of any nmiuon{ person Insured ehe|| also be insured
Linder this policy; pmv|dmd, however, coverage is afforded to such estates, heirs, legal mpreaeutoUvos, and
apomnme only for claims arising solely out of their capacity or status as such and, in the ooae of a spouse,
where such clairn seeks damages from marital community property,jointly field property or property transferred
from such natural person Insured to such spouse. No coverage is provided for any act,error or omission of an
Page 7 of 17 Endorsement No:
EffacbvoDuie� O4/O5/2O2O
Insured Name: Earth Tech Enterprises, Inc.
o=voo»towA All Rights Reserved, Includes copyrighted mate*a/ur insurance Services Office,/^o..with its permission,
CNA
Contractors'Goneral Liability Extension Endorsement
estate, heir. legal repmsantative, ur spouse outside the scope of such pemon's capacity orstatus as such,
provided however that the spouse of a mdora| person Named Insured and the spouses of mernbem or
partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses, ootv,
errors oromiosionain the conduct of the Named |nmured^s business.
10. EXPECTED QRINTENDED INJURY —EXCEPTION FOR REASONABLE FORCE
Under CC}VEFW\GES, Coverage A — Bodily Injury and Property Damage L|abU|ty, the paragraph nnUdad
Exclusions is amended to delete the exclusion entitled Expected or Intended injury and nap|aoa 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 ofthe Insured. Ibis exclusion
does not apply to bodily injury or property damage resulting from the use of reasonable force to protect
persons wrproperty.
11. GENERAL AGGREGATE LIMITS OFINSURANCE ~PER PROJECT
A. For each construction project away from promises the Named Insured owns or mrtm, a separate
Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in
the Declarations, |o the mootthe Insurer will pay forthe sum of:
1. All dmnoogoa under Coverage A. except damages because of bodily injury or property damage
included in the prod uoio-oomnpAeted operations hazard; and
2' All medical expenses under Coverage C.
that arise from occurrences or accidents which can be attributed on|o|y 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 u single construction pm]eot, except damages because of bodily injury or property
damage included |n the prod ucts+oomp;mtmd operations hazard; and
3. PWadioa| expenses under Coverage Ccaused by accidents which cannot boattributed solely to ongoing
operations at a single construction project,
will reduce the Qenom| Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage Th Premises Rented To You and for
Medical Expense continue tn apply, but will bo subject to either the Construction Project 8anens| AgQvogu(o
Limit or the General Aggregate Limit shown in the Dmn|amtionu, 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 pmvidod, any
payments for damages because of bodily injury or property damage included in the products-
completed operations hazard will reduce the Produo\a-Comp|eiod Operations Aggregate Limit shown in
the Oodaodiono, mgmod|oea of the number nf projects involved.
E. If a single construction project away f rom premises owned by or rented to the Insured has been abandoned
and than nnntartod, or if the authorized contracting parties deviate from p|ann, b|uephn(a, dooiqno.
specifications or timetables,the project will still be deemed to be the same construction project.
&NA74705X% (1-15) Policy No: 0080440888
Page 8nf 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
onpyoo»tcwA All Rights Reserved Includes copyrighted mate ria/vr Insurance Services Office,/vu.with its permission,
CNA
Contractors'General Liability Extension Endorsement
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to
apply omstipulated.
i2. {N REM ACTIONS
Aqoeu||nrem action against any vessel owned or operated bynrfor1heNamed Insured, nrchartered bvurfor
the Named |nsured, will he treated in the mano manner as though the action were in pemooam against the
Named Insured.
i3. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with mopnot to bodily injury that arises out ofe health care incident:
A. Under C0VERAGES, Coverage A— Bodily Injury and Property Damage Liobi\ity, the paragraph entitled
Insuring Agreement is amended to mp|one 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 lnmured`a primary business purpose,and only if:
(1) such bodily injury iacaused by an pnuurvunue 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 aut, ennr, or omission that is
part of the occurrence; and
B. Under COVEFAGES, Coverage A— Bodily Injury and Property Oarnogo Limbi||ty, the paragraph entitled
Exclusions ie 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 im covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the |nau/ed's actual or alleged liability under any oral o,written contract or agreement, including but not
limited to express warranties orguar nbeaa.
}ii add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation orharassment, including but not limited to claims based
on on individuo|'o mce, cmmd, color, age, gender, national origin, ndigion, dioabi|ity, marital otsdua or
sexual orientation.
Dishonesty or Crime
Any actual or alleged dishonest,criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
any actual o/ aUoqod violation of law with respect to Medicare, Medicaid, Tricam or any similar federal,
state or local governmental program.
Services Excluded byEndorsement
CNA747O5X% (1-15) Policy No: 6080440888
Page 9of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Nome: Earth Tech Enterprises, Inc.
copyright cwA All Rights Reserved, Includes copyrighted mate no/or Insurance Services Office,m",with its permission.
CMA
Contractors"General Liability Extension Endorsement
Any healthcare 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 Insured's 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;
g. 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;
ill. 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
(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.
CNA74705XX (1-15) Policy No: 6080440888
Page 10 of 17 Endorsement No:
Earth Tech Enter rises, Inc. Effective Date: 04/05/2020
Insured Name. p
Copyright CNA All Rights Reserved. Includes copyrighted material of InsuranceServices Office,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
~ the Named |nsunad\a volunteer workers are Insureds with respect to:
(1) bodily injury to o co-volunteer worker while performing duties odobed to the conduct of
the Named Ineupad'e business;and
(2) bodily injury to an employee while in the ouunae of the employee's employment by the
Named Insured or while performing duties related to the conduct of the Named |mmuned'o
business;
when such bodily injury arises out nfa health care incident.
b. delete Subparagraphs (a). (b). (o) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.
O. 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 app|iao, it is excess over any other insurance, self insurance or risk
transfer inotmmen1, whether primary, oxneum, contingent or on any other basis, axooptfor insurance
purchased specifically by the Named Insured tohw excess uf this coverage.
14. JOINT VENTURES / PARTNERSHIP /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 on Insured with respect to the conduct of any current orpast partnership, joint
venture or limited liability company that is not shown as o Named Insured in the Dor|omtionn, except that if the
Named Insured was ajoint ventuner, partner, or member of o limited liability company and such joint veniue,
partnership or limited liability company terminated prior to or during the policy period, such Named Insured is
an Insured with empeu( to its in1e/ami in such joint ventue, partnership or limited ||ah|||ty company but only tm
the extent that:
m' any off enuegiving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense fist occurred of ter such termination date;
b. the bodily injury orproperty damage firatoccurred af ter such termination date; and
o. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture
or limited liability company; and
If the joint ventune, partnership o, limited liability company is or was insured under consolidated (wrap-up)
insurance program, then such insurance will always be considered valid and ooUenUb|m for the purpose of
paragraph c. above. But this provision will not nemo to exclude bodily injury, property damage or personal
and advertising injury that would otherwise be covered under the Contractors General Liability Extension
Endorsement provision anbUod WRAP-UP EXTENSION: [>C|P. CCAP° OR CONSOLIDATED (WRAP-UP)
INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance
p»nQnum.
15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
|NS0RED`S CARE, CUSTODY 0R CONTROL
A. Under COVERAGES, Coverage A— Bodily Injury and Property Damage Liabi|ity, the paragraph entitled
Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace |t with the
following:
This insurance does not apply to:
j. Damage toProperty
CNA74705XX (1-15) Policy No: 6080440888
Page 11uf17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, |nc.
Copyright cwA All Rights Reserved. Includes copyrighted material o/Insurance Services Office,mc,with its permission,
CNA
Contractors'General Liability Extension Endorsement
Property damage to:
(1) Property the Named Insured owns, rents, or occupies,including any costs or expenses incurred by
you, or any rather 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), (5) 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 siteawaiting or during such property's installation,fabrication, orerection;
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.
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:
CNA74705XX (1-15) Policy No: 6080440888
Page 12 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
Exclusions m. 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 orfewer consecutive days.
A separate limit ofinsurance applies(o this coverage os d000hbod in L|kOhT5 OF INSURANCE.
C. The following paragraph io added to LIMITS OF INSURANCE:
Subject to 5. 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 |nmurod'm oae, custody or control, while being used in the
Named |nnured`o operations away from any Named (nmurmd'e premises. The Insurer's obligation to pay
such property darnmQm 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 $1.888 in order to effect settlement, If the
Insurer exam|oeo that right, the Named Insured will promptly reimburse the Insurer forany such amount,
D. Paragraph G., Damage To Prom|000 Rented To You Limit. of UK0|TS 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 in the most the Insurer will pay under Coverage /\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 pmm|aoo rented to the Named Insured for
o period of 7 or fewer consecutive days. The Damage To Poamioaa Rented To You Limit is the greater
of:
o. $500.000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragmph4.b.(1)(a)(U) uf the Other Insurance Condition io deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named |noured, for premises temporarily
occupied by the Named Insured with the permission of the owner; or for personal property of others |n
the Named |nsured'm care, custody oruontm|;
16. LIQUOR LIABILITY
Under COVERAGES, Coverage /k — Bodily Injury and Property Damage Liabi|ity, the paragraph entitled
Exclusions is amended 10 delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE in amended to delete Paragraph 7. (the Medical Expense Limit)and replace itwith
the following:
7' Subject to Paragraph S. above (the Each 0oounenoo Limit), the K1adioa| Expense Limit ia the most the
Insurer will pay under Coverage C — K8ad|od Payments for all medical expenses because of bodily
injury sustained by any one person.The PWediou|Expense Limit is the gmoior of:
(1) $15'000 unless m different amount im shown here: $N.NNN.NNN.NNN; or
(2) the amount shown in the Declarations for Medical Expense Limit.
B. Under COVERAGEG, the Insuring Agreement of Coverage C —Medical Payments is amended to nop|mou
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
CNA74705XX (145) Policy No: 8U8044O88D
Page 13of17 Endorsement No:
Effective Date: O405/202O
Insured Name:
oopyuomumA All Rights Reserved. Includes vuprdomou material^r Insurance Services Office,|no,with its permission,
CNA
Contractors'General Liability Extension Endorsement
18, 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 duly 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 fora 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
to rt:
• 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:
This insurance does not apply to:
Employment Related Discrimination
CNA74705XX (1-15) Policy No: 6080440888
Page 14 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
Contractors'General Liability Extension Endorsement
Discrimination or humiliation directly or Indirectly ndahsd to the employment, prospective employment,
past employment o,te'm|mationof employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease nr sub-lease orprospective oa|o.
mrko|. lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured.
Notwithstanding the abovo, there is no coverage for fines or penalties levied or imposed by agovemnmentu|
entity because ufdiscrimination.
Tho coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR
HUMILIATION Provision does not apply to any person or organization whose u1okua as an Insured derives
solely from
° Provision 1.^4OD|T|ONAL INSURED of this endorsement; or
m attachment ofunadditional 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 an on additional insured on this Coverage Part.
21' PERSONAL AND ADVERTISING INJURY ~C00TRACTUAL LIABILITY
A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liobi|ity, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -
CONTRACTUAL LIABILITY pnovinion, the following changes are made to the uou0on entitled
SUPPLEMENTARY PAYMENTS —COVERAGES 'AAND B:
1. Paragraph 2.d. is nap|aood 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 indomnitee�
.
2. The first unnumbered paragraph beneath Paragraph 3.f.(2)(b) io deleted and replaced by the following:
8o long as the above conditions are mmi, attorneys fees incurred by the Insurer in the defense of that
indemni\oe. necessary litigation expenses incurred by the Insurer, and necessary litigation expenses
incurred by the indemnhee at the Insurer's request will he 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 - CONTRACTU/\L LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured onthis Coverage Part.
22. PROPERTY DAMAGE —ELEVATORG
A. Under C/]VERAGES, Coverage A— Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to You, 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.
B. Sn|o|y for the purpose of the coverage provided by this PROPERTY DAMAGE—ELEVATORS Provision,
the Other Insurance conditions iaamended to add the f"||uw h'
CNA74705XX (1-15) Policy No: 8080440888
Page 15of17 Endorsement No:
Effective Date: 04/05/2020
|nsumd Name: Earth Tech Enterprises, Inc.
conynomowA All Rights Reserved. Includes copyrighted material o/Insurance Services Office,/nu..with its permission.
CNA
Contractors'General Liability Extension Endorsement
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 forinjury ordamage arising out of:
1. the Named Insured's ongoing operations;or
2. your work included in the products-completed operations hazard.
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, CLIP, 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
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):
CNA74705XX (1-15) Policy No. 6080440888
Page 16 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name. Earth Tech Enterprises, Inc.
Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA
Contractors"General Liability Extension Endorsement
This insurance is excess over
(c) Any of the other insurance whether pdmary, oxoeoo, contingent or any other basis that is insurance
available to the Named Insured an n result of the Named Insured being a particiPart in m
consolidated (wrap-up) insurance pnogramm, but only as respects the Named |nsurmd'e involvement
in that consolidated (wrop-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a conutmoUon, erection or demolition project for
which the prime contractor/project manager or owner of the construction project has secured general liability
insurance covering some or all of the contractors or subcontractors involved in the pmjoot, such as an
Owner Controlled Insurance Program (O.C.|.P.) or Contractor Controlled Insurance Pvogram (C.C.|.P.).
Residential structure means any atmoium where 30% or more of the square foot area is used or is
intended tobe used for human residency, including but not limited to:
1' single or mu|tifam||y houaing, mpndmardo, cundom(niuma, tovvnhouaen, co-operatives or planned unit
developments;and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pou|s, hot
tubs, detached garages, guest houses or any similar atruotupeo).
However, when them is no individual ownership of uni\a, mmeiduotie| structure does not include military
houming, college/university housing or dormituhmu. long term care facilities, hotels or motels. Residential
structure also does not include hospitals orprisons.
This WRAP-UP EXTENSION: C3CIP' CCYP' OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this
Coverage Port.
All other terms and conditions nf the Policy remain unchanged.
This endorsement, which forms a part of and is forattachment to the Policy issued by the designated Insurers, takes
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 Poli
Page 17 of 17 Endorsement No:
Effective Date: 04/05/2020
Insured Name: Earth Tech Enterprises, Inc.
cvnvnuhtowx All Rights Reserved- I ncludescopyrightodmaterial of I nsuranceServices Office,Inc.,with its permission.
Earth Tech Enterprises, Inc. Policy#6080440860 04/05/2020-04/05/2021
CNA63359XX
CNA (Ed.04/12)
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESSAUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE 4. An "employee" of yours is an "insured"
A. Who Is An Insured while operating an "auto" hired or rented
under a contract or agreement in that
The following is added to Section II, Paragraph "employee's" name, with your permission,
A.1., Who Is An Insured: while performing duties related to the
1. a. Any incorporated entity of which the conduct of 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 Form but:
provision A.I. does not apply to any 1. Which are no longer in force; or
such entity that is an "insured" under 2. Whose limits have been exhausted.
any other liability "policy" providing
"auto"coverage. B. Bail Bonds and Loss of Earnings
2. Any organization you newly acquire orform, 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
formation date, and is afforded only C. Fellow Employee
until the end of the policy period of this Section II, Paragraph B.5 does not apply.
Coverage Form, or the next anniversary Such coverage as is afforded by this provision
of its inception date, whichever is C. is excess over any other collectible
earlier.
insurance.
b. Does not apply to: II. PHYSICAL DAMAGE COVERAGE
(1) "Bodily injury"or"property damage"
caused by an "accident" that A. Glass Breakage — Hitting A Bird Or Animal —
occurred before you acquired or Falling 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 repaired, in a manner acceptable to us, rather
an additional insured is an "insured" but than replaced.
only with respect to their legal liability for B. Transportation Expenses
acts or omissions of a person,who qualifies
as an "insured" under Section II — Who Is Section III, Paragraph AA.a. is revised, with
An Insured and for whom Liability Coverage respect to transportation expense incurred by
is 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. C. Loss of Use Expenses
CNA63359XX copyright,cNA Corporation,2000. Page 1 of 3
(Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
Earth Tech Enterprises, Inc. Folicy#G08044U86O 04/05/2020- 04/05/2021
CMA (Ed. 04/12)
Section |U. Paragraph A.4Lb. is mviued, with o. Physical Damage Coverage on a covered
enpnut to |000 of use expenses incurred by "aubo° also applies to "loss" to any
you,toprovide: permanently installed electronic equipment
including its antennas and oMmr
u' $1 0OU maximum in |ieuof�OOO n
' ' ' acnuaauhea.
D. Hired '`�utom^
' d' A *100 per occurrence deductible applies
The following is added to Section U|, to the coverage provided by this Provision.
Paragraph A.'
� G. Diminution |nValue
5 H|nyd ^/\utoa^
' The following is added to Section U|,
K Physical Damage coverage ia provided under Paragraph B.6.:
this policy, and such coverage dnao not extend Subject to the following, the "diminution in
to Hied Autos,then Physical
value" exclusion does not a0p|yto�
ismdendedto: �a' Any covered "auto" you |aaae, hie' rent e. Any covered "outn" aof the privateorbomzw �ihoutadhvecand passenger Wpeyou | aa. hire, rent or bunnw\ without e driver for a period of
b. Any covered "auto" hired or rented by 3O days or less,while performing duties
your "employee" without a driver, under related ho the conduct nf your bum|neoo;
a contract in that individual and
"employee's" nano' your v�\h b' Any covered "auto" of the privatepanniuoion' while performing duties
passenger type hired or rented by your
related {o the conduct uf your business,
^omp|oyoo^without adhvorforaperiod
c The most we will pay for any one of 30 days or less, under contract in
"accident" or '1oaa^ is the actual cash that individual "mnp|oyee'u" name, with
valuo, cost of repair, cost of your pmnnioaion, while performing
replacement or $75000' whichever is duties related to the conduct of your
|smu, minus a $508 deductible for each business.
covered auto. No deductible applies to
"|000"vau�edbyfinaor|igh�ning' u' Such coverage as is provided by this
provision is limited to a "diminution in
d. The physical damage coverage as is value" |oao arising directly out of
provided by this provision is equal to accidental damage and not as a moult
the physical damage coverage(s) of the failure to make repairs; faulty o/
provided on your ummod ^autno." incomplete maintenance or repairs; or
the installation ofsubstandard parts.
w. Such physical damage coverage for d. The most we will pay for ^|oau, to o
hired ^outou''will: covered "auto" in any one accident is
�
(1) Include |oux of use, providediho |enseruf'
vided i� |s
the consequence of on "accident" (1) $5.000; or
for which the Named Insured is
legally |inh|a. and as e result of �D 20Y4 of the "auto'o'' ao1uu| ooah
which m monetary loss is sustained value (ACV).
by the leasing or rental concern. \U. Drive Other Car Coverage —Executive Officers
(2) Such coverage as is provided by The following io added 10 Sections Uand U|:
this provision will be subject to m
1 Any "auto" you don't own, hire or borrow is m
|imiio[$750por"anoidont." ' , novv
covered "auto" for Liability Coverage while
E. Airbag Coverage being used by, and for Physical Damage
The following in added to Section 0 Coverage while in the nuro, custody or control
' unyofyour^�xooubveoffinom
Paragraph 8.3.� of' '"except:
The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer"
be considered mechanical bnnuhdomm. or member of that peraon'o household; or
F. Electronic Equipment b. An "auto" used by that "executive officer"
while working in o business of selling,
Section U|^ Paragraphs BA.o and 8,4.d. are xemioing, repairing orpadking "autos."
deleted and replaced by the following:
CNA83359XX Copyright,owxcupom,mn'oono. Page 2of3
(Ed. 0K12) Includes copyrighted mmteou/v/the insurance Services Office used wm its pemmnau^,
Earth Tech Enterprises, Inc. Pohoy#808O44D8GD 04X06/2020' 04A05/
CNAO3359XX
CNA (Pd. 0u12)
Such Liability and/or Physical Damage YVe waive any right of recovery may have,
Coverage aa|u afforded bythioprovision. because of payments we make for injury or
dumoQe, against any person ororQoni��Uon for
�) Equal to the greatest of those whom or which you are required by written
coverages afforded any covered "auto^; contract or agreement tn obtain this Waiver from
and
US.
(2) Excess over any other collectible This injury or damage must uhme out of your
insurance.
activities under a nnn(mot 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 on
officer positions created by your charter,charter, "eooident"or"|oao "
oonatitution, by-laws or any other similar
'
governing dooumant, and, while o resident of C. Concealment, Misrepresentation or Fraud
the name household, includes that pemo�o
The following is added to Section UV.
spouse.
Paragraph B'2.:
Such "executive officers" are "insureds" while
using a covered "auto" described in this Your failure to diao|ooa all hazards existing on the
date of inception of this Coverage Fnnn shall not
provision
. prejudice you with respect 10 the coverage afforded
UV. BUSINESS AUTO CONDITIONS provided uuoh/ai|umoromiosionisnotinten8una|.
A. Duties In The Event Of Accident, C|a|m, Suit D. Other insurance
Or Loss
The following is added to Section IV.
The following is added to Section |V, Paragraph B'5.:
Paragraph A^2.a':
Regardless nf the provisions of Paragraphs 5.m.
(4) Your "employees" may know of an and 5'd, above, the coverage provided by this
"accident" or "|naa." This will not mean policy shall be on a primary non-contributory
that you have such know|edge, un|aae basis. This provision is applicable only when
such "eooident" or "loss" is known to required by a written contract. That written
you or if you are not an |ndiv|dua|, to contract must have been entered into prior to
any of you, executive officers or "Aooident"or^'Loou."
partners or your insurance manager.
E. Policy Period, Coverage Territory
The following is added to Gmobon |V.
Paragraph A.�.b.� Section |V, Paragraph B. 7.(5)'(m). is revised
to provide:
(G) Your "employees" may know of
dooument� mceivedconu*rning � dmim a' 45 days ofunvemgeinUeuof3ndays.
or ''ouiL^ This will not mean that you V. DEFINITIONS
have such knowledge, unless receipt of
such documents is known to you orif Section V. Paragraph C. is deleted and replaced
you are not an individual,to any ofyour hy the following:
executive officers or partners or your "Bodily injury" means bodily injury, sickness or
insurance manaQe: disease sustained by a pemon, including mental
B. Transfer Of Rights Of Recovery Against a»0uieh, mental injury or death resulting from any of
Others To Us these.
The following is added to Gendom |V.
Paragraph ^A.5' Transfer Of Rights Of
Recovery Against Others To Us:
CNA08359XX cvpvxou.owA Corporation,znon, Page 3of3
(Ed. 0012) Includes copyrighted material ofthe Insurance Services Office used with its permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY VyCDO0313
. (Ed. 4-84)
WAIVER OF OUR RIGHT TORECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments karn anyone liable for on injury covered by this policy. We will not
onfo'ce our right against the person or uqJmrJzmtion naoned in the Schedule. (This agreement applies only to the
exxmmt that you perform work under o written contract that requires you to obtain this agreemaotfruno us.)
This agreement mhe|| not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
"Any person ororganization required by written contract nr certificate of |nooranoa."
"This endorsement iu not applicable in California, Kentucky, New Hampshire, New Jersey, Texas
and Utah."
The endorsement does not apply to policies urexposure in Missouri where the employer ioin the
construction group nf classifications. According to Section 287.150(6) of the Missouri statutes, u
contractual provision purporting to waive subrogation rights is against public policy and void where
one party tothe contract is an employer inthe construction group of code u|ono|fiuut\ono. For
policies ur exposure in Missouri, the following must be included in the Schedule:
° Any person or organization for which the employer has agreed by written contract, executed
prior to |oay' may execute a waiver of subrogation. However, for purposes of work performed
by the employer in Missouri, this waiver ofsubrogation does not apply to any construction
group of classifications as designated by the waiver of right to recover from others
(subrogation) rule in our manual.
This endorsement changes the policy to which it in attached and is offoohvo on the date issued unless otherwise stated.
(The information hm|ovv is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 04/05/2020 Policy No.VVC2111713 Endorsement No.
Insured Earth Tech Enterprises, Inc. Premium
�
Insurance Company Amahoure Insurance Company Countersigned by
WC 00p3 13