06/17/2020 Agreement > :°`;?. , Kevin Madok, CPA
qqa:'"
3t,
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 23, 2020
TO: Brea iie Erickson, Contract Administrator
Project Management
FROM: Pamela G. I iancd
SUBJECF: June 17" BOCC Meeting
Attached is an electronic copy of the following item for your handling,:
Q5 Contract with Pedro Falcon Contractors, Inc. in the amount of$344,760.00 for die
remaining repairs at the Big Pine Community Park which was damaged during Hurricane Iona.
The originally recorded bond is being returned to you for return to the contractor. 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 PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 2041 day of May, 2020
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Pedro Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key, Florida 33043
For the following Project: BIG PINE KEY COMMUNITY PARK PHASE II REPAIRS
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the documents,
which are a part of this bid package. The Contractor shall furnish all labor, supervision,
materials, power,tools,equipment, supplies, permits,and any other means of construction
necessary or proper for performing and completing the repairs listed.
Big Pine Community Park
Complete all items in Scope of Work with like-for-like, in-kind fit,finish and original function
and obtain a Certificate of Occupancy, returning facility to its pre-disaster state. Work must
meet all current building codes and standards. Contractor to test each repair included in
this bid and verify system is functional or inform County of all additional related items
needing repair or replacement.
Contractor to acquire all necessary permits. Contractor shall properly dispose of debris.
Baseball Field:
• Replace 8,100 SF of Bermuda 419 infield grass, 90 FT long x 90 FT wide
Concession Building:
• Replace 384 SF of finished exterior building ceiling (0.5 IN green board), 48 FT
long x 8 FT wide
• Replace five(5) EA of exterior building light fixtures/cans (4 IN)
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• Replace one (1) EA of metal door (concession area), 3 FT long x 7 FT high
• Replace 128 SF of plywood wall (0.75 IN thick), 16 FT long x 8 FT high
• Replace one (1) EA of aluminum gutter(6 IN), 58 LF long
• Replace one (1) EA of aluminum downspout(4 IN), 30 LF long
• Replace two(2) EA of standard roll up doors in the maintenance garage within the
concession building, 10 FT long x 9 FT high
• Replace one (1) EA of metal door(maintenance area), 3 FT long x 7 FT high
• Replace 28 SF of cement building post (stucco), 2 FT long x 14 FT high
• Replace one(1) EA of women's restroom fluorescent light fixture(2 bulb 4 FT long)
• Replace women's restroom toilet stall divider wall panels and doors. Doors: 2 FT
x 5 FT (.075 thick); two (2) ADA Door 32 IN x 5 FT; one (1) Panel: 20 FT x 5 FT
• Replace one (1) EA of concrete fascia surrounding door frame (4 IN wide), 3 FT
high
• Replace one (1) EA of RAINBIRD ESP-LX irrigation system (24 zones)
• Replace one (1) EA of 2nd floor round light fixture
• Replace one (1) EA of 2nd floor fluorescent light fixture(2 bulb), 4 FT long
• Replace one (1) EA of 2nd floor hall exit sign
• Replace 768 SF of outside porch ceiling finished green board (2nd floor), 70 FT
long x 8 FT wide
• Replace three (3) EA of outside porch ceiling light cans (2nd floor)
• Replace one(1) EA of porch railings (2nd floor), 32 LF long x 4 FT high
• Replace 100 SF of holes in exterior Hardie Board walls, 10 FT long x 10 FT wide
• Replace two (2) EA of mechanical room double doors, 36 IN long x 7 FT high
• Replace fourteen (14) EA of 2nd floor porch posts, 9 FT high, wind-blown debris
caused peeling and denting (6 IN x 6 IN)
• Reset ten (10) EA of press box shatter resistant glass windows
• Replace four (4) EA of Strut supports for flood proofing, square pipes and
aluminum tubes in maintenance garage doors, 6 FT long
Exercise Area#5:
• Replace one (1) EA of pull up bar (6 FT long) (schedule 80) 1 IN pipe with three
posts (6 IN x 6 IN), 8 FT high
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
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ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than One
Hundred and Eighty (180) calendar days after the date of commencement or issuance
of a Notice to Proceed. The time or times stipulated in the contract for completion of the
work of the contract or of specified phases of the contract shall be the calendar date or
dates listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was caused
directly by an event beyond such Party's control, without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not),terrorist threats or acts, riot,or other civil unrest in the geographic
area of the Project; (d)government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
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resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Three Hundred Forty-Four Thousand Seven Hundred
Sixty and 00/100 Dollars (5344,760.00), subject to additions and deductions as provided
in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
--- - ---payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of ten percent 10%. Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
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indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b),
Florida Statutes.
5.8 Reduction or limitation of retainage, if any, shall be as follows:
Monroe County is exempt from and not subject to Florida Statutes, Section 255.078,
"Public Construction Retainage". Reduction or limitation of retainage, if any, shall be
reduced incrementally at the discretion of and upon the approval of the Director of Project
Management.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph
12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily
survive final payment, and (2) a final approval for payment has been issued by the Director of
Project Management. Such final payment shall be made by the Owner not more than twenty(20)
days after the issuance of the final approval for payment. The following documents (samples in
section 01027, Application for Payment) are required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one(1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
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C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a proposal on a contract with a public entity
for the construction or repair of a public building or public work, may not submit proposals
on leases of real property to public entity, may not be awarded or perform work as
contractor, supplier, subcontractor, or consultant under a contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) 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 (7)years from the termination of this Agreement or for a period of five
(5) years from the submission of the final expenditure report as per 2 CFR §200.33,
whichever is greater. Each party to this Agreement or their authorized representatives
shall have reasonable and timely access to such records of each other party to this
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Agreement for public records purposes during the term of the Agreement and for four
(4) years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies paid to Contractor pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully retained
by the Contractor, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies
were paid to Contractor.
Right to Audit,
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available); subcontract files
(including proposals of successful and unsuccessful bidders, bid recaps, bidding
instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated
settlements); backcharge logs and supporting documentation; general ledger entries
detailing cash and trade discounts earned, insurance rebates and dividends;any other
supporting evidence deemed necessary by Owner or by the Monroe County Office of
the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to
substantiate charges related to this Agreement, and all other agreements, sources of
information and matters that may in Owner's or the County Clerk's reasonable
judgment have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any contract document (all foregoing hereinafter referred to as
"Records") shall be open to inspection and subject to audit and/or reproduction by
Owner's representative and/or agents of Owner or the County Clerk. Owner or County
- Clerk may also conduct verifications such as, but not limited to, counting employees
at the job site, witnessing the distribution of payroll, verifying payroll computations,
overhead computations, observing vendor and supplier payments, miscellaneous
allocations, special charges, verifying information and amounts through interviews
and written confirmations with employees, Subcontractors, suppliers, and contractors'
representatives. All records shall be kept for seven (7) years after Final Completion.
The County Clerk possesses the independent authority to conduct an audit of records,
assets, and activities relating to this Project. 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, Florida Statutes, running from the date the monies were paid
to Contractor. The Right to Audit provisions survive the termination or expiration of
this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
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c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
The County and Contractor agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party, and shall include attorney's fees and courts costs in appellate
proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
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determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC§ 794), which prohibits discrimination on the basis of handicaps;4)
The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107), which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527(42 USC§§690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC§§ 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.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at
41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,
¶C, agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
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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 contractors 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
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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
subcontractor purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor 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.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
I) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Page 11 of 31
Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
(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 County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter,destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
Page 12 of 31
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-B RI AN@MONROECOUNTY-FL.GO V,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040.
o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed
as, authorizing the delegation of the constitutional or statutory duties of the County,
except to the extent permitted by the Florida constitution, state statute, and case law.
r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of
Page 13 of 31
Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against(i)any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury(including death), loss, damage,fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct,errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement,this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project(to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
FDEM Indemnification
To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless
the Agency, the State of Florida, Department of Emergency Management, and its
officers and employees, from liabilities, damages, losses and costs, including, but not
Page 14 of 31
limited to, reasonable attorneys fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of the Contractor and persons
employed or utilized by the Contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the (County)Agency's sovereign immunity.
w) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
x) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
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:
(I) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractors are to be let, to take the affirmative
steps listed in paragraph (1) through (5) of this section.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
Page 15 of 31
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition,the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
z) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
aa) 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 or the Florida Division of Emergency Management.
No statement contained in this Agreement shall be construed so as to find Contractor
or any of its employees, subcontractors, servants, or agents to be employees of the
Board of County Commissioners of Monroe County.
bb)Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice shall be sent to
the following persons:
For Contractor: Christian Brisson, President
Pedro Falcon Contractors, Inc.
31160 Avenue C
Big Pine Key Florida 33043
For Owner: Director of Project Management Assistant County Administrator. PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
7.8 FEDERAL CONTRACT REQUIREMENTS
The Contractor and its subcontractors must follow the provisions, as applicable, as set
forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to @ C.F.R. Part 200, as
amended, including but not limited to:
7.8.1 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
Page 16 of 31
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, a copy of which is attached hereto as Exhibit"A" and made a part hereof. 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 subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The County must report all
suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. §
3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for
termination of the contract, and for debarment as a contractor and
subcontractor as provided in 29 C.F.R. § 5.12.
7.8.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 663701-3708). Where
applicable, which includes all FEMA grant and cooperative agreement programs, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act,
each CONTRACTOR must compute the wages of every mechanic and laborer on the
Page 17 of 31
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.
7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit
organization regarding the substitution of parties, assignment or performance of
experimental, developmental, or research work under that "funding agreement," the
recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
7.8.4 Clean Air Act (42 U.S.C. §7401-7671g.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). CONTRACTOR agrees to comply with all applicable standards,
orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) 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 subgrants of amounts
in excess of$150,000.
7.8.5 Debarment and Suspension(Executive Orders 12549 and 126891—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.
7.8.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grantor any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
7.8.7 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
Page 18 of 31
amended, by the Resource Conservation and Recovery Act. The requirements of Section
6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid
waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal and FEMA Requirements (as applicable)
7.8.8 Americans with Disabilities Act of 1990, as amended (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.
7.8.9 Access to Records. Contractor/Consultant 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. Contractors/Consultants must: (1)
Cooperate with any compliance review or complaint investigation conducted by
OHS; (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 OHS regulations and other applicable laws or program
guidance; and (3) Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the
reports.
7.8.10 DHS Seal. Loqo and Flaqs. Contractor shall not use the Department of Homeland
Security seal(s), logs, crests, or reproduction of flags or likeness of OHS agency
officials without specific FEMA approval.
7.8.11 Chanqes 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 grantor cooperative agreement
that may fund this Project and be reasonable for the completion of the Project. Any
contract change or modification, change order or constructive change must be
approved in writing by both the County and Contractor.
7.8.12 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
Page 19 of 31
the Contract term.
7.8.13 If this Agreement is funded by the Florida Department of Emergency Management
(FDEM), the Contractor will be bound by the terms and conditions of the Federally-
Funded Sub-award and Grant Agreement between County and the Florida Division
of Emergency Management (Division) found at the following link on the Monroe
County web page: httos://www.monroecounty-fl.gov/fdemorantaureement
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five(5) calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty(60) days'written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination,the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30)days' written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
Page 20 of 31
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: N/A
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals (REP).
9.1.4 The Addenda, if any, are as follows:
Number Date No. of Pages
1 4/2/20 2
2 4/16/20 3 (plus construction drawings)
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
Page 21 of 31
-.EXecation by the Contractor must be by a person with authority to bind the entity.
SIGNATURQ OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL), BOARD OF COUNTY COMMISSIONERS
Attest:: Kevin Madok, Clerk OF MONROE COU TY, FLORIDA
.$y' Li' By:
w5 Deputy Clerk ayo I airman
Date r1 -..so '.oe. nr'wovmarr0 AS o...CE
(SEAL) 'l�� ��'4 C -e )
5-05-20
CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON
Contractor must provide two witnesses CONTRACTOR N �..
signatures
Signatucef
Signature: Print Name: Christian Brisson
Print Name: Kathy Smith Title: As President
Date: 05/12/2020 Date: 05/12/2020
and
Signature CaMrr I. _
T
Print Name: Brenda Hannah z
N -n
Date: 05/12/2020 - 2 E.
3 m
STATE OF Pk)r/irk_ , COUNTY OF IYl aniu_a _n
On this ia day of // / , 20QL before me, the �ters`ign�ed"notaq( .,.lice
by means of rn-physical presen or 0 online, personally appeared C'hn7 iff71 151.59y1
known to me to be the person whose name is subscribed above or who produced
as identification, and acknowledged that he/she is the person who executed the
above contract with Monroe County for BIG PINE COMMUNITY PARK PHASE II REPAIRS for
the purposes ther m cor /M-L )
Notary Public
t�/y'(,(QY / I ..
Print Name, ,ktlit/ / Aid- •
/ `;. ur COMMISSION p QO2I r IRdp[
My commission expires: [O/�o7/r✓a ' ° emidlFR4,mrrw,nr.12'.2072
E„Y,,, I{
Page 22 of 31
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information—(RFI)
Section 01410 Testing Laboratory Services
-Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 23 of 31
EXHIBIT "A"
DAVIS BACON WAGE DETERMINATION
•
Page 24 of 31
"General Decision Number : FL20200022 01/03/2020
Superseded General Decision Number : FL20190022
State : Florida
Construction Type : Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single
family homes or apartments up to and including 4 stories) .
Note : Under Executive Order (EO) 13658, an hourly minimum
wage of $10 . 80 for calendar year 2020 applies to all
contracts subject to the Davis-Bacon Act for which the
contract is awarded (and any solicitation was issued) on or
after January 1, 2015 . If this contract is covered by the
E0, the contractor must pay all workers in any
classification listed on this wage determination at least
$10 . 80 per hour (or the applicable wage rate listed on this
wage determination, if it is higher) for all hours spent
performing on the contract in calendar year 2020 . If this
contract is covered by the EO and a classification
considered necessary for performance of work on the
contract does not appear on this wage determination, the
contractor must pay workers in that classification at least
the wage rate determined through the conformance process
set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage
rate, if it is higher than the conformed wage rate) . The
EO minimum wage rate will be adjusted annually. Please
note that this EO applies to the above-mentioned types of
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not
apply to contracts subject only to the Davis-Bacon Related
Acts, including those set forth at 29 CFR 5 . 1 (a) (2 ) - ( 60) .
Additional information on contractor requirements and
worker protections under the EO is available at
www.dol .gov/whd/govcontracts .
Page 25 of 31
Modification Number Publication Date
0 01/03/2020
* ELEC0349-003 09/02/2019
Rates Fringes
ELECTRICIAN $ 35 . 36 12 . 77
ENG10487-004 07/01/2013
Rates Fringes
OPERATOR: Crane
All Cranes Over 15 Ton
Capacity $ 29 . 00 8 . 80
Yard Crane, Hydraulic
Crane, Capacity 15 Ton and
Under $ 22 . 00 8 . 80
IRON0272-004 10/01/2019
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING $ 25 . 49 11 . 99
PAIN0365-004 08/01/2019
Rates Fringes
PAINTER: Brush Only $ 20 . 21 11 .28
SFFL0821-001 01/01/2019
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers) $ 28 . 38 19 . 44
SHEE0032-003 12/01/2013
Rates Fringes
Page26 of31
SHEETMETAL WORKER (HVAC Duct
Installation) $ 23 . 50 12 . 18
SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER $ 15 . 08 5 . 07
CEMENT MASON/CONCRETE FINISHER $ 12 . 45 0 . 00
FENCE ERECTOR $ 9 . 94 0 . 00
LABORER: Common or General $ 8 . 62 0 . 00
LABORER: Pipelayer $ 10 . 45 0 . 00
OPERATOR: Backhoe/Excavator $ 16 . 98 0 . 00
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) $ 9 . 58 0 . 00
OPERATOR: Pump $ 11 . 00 0 . 00
PAINTER: Roller and Spray $ 11 . 21 0 . 00
PLUMBER $ 12 .27 3 . 33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply $ 14 . 33 0 . 00
SHEET METAL WORKER, Excludes
HVAC Duct Installation $ 14 . 41 3 . 61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away $ 8 . 00 0 . 15
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental .
Page 27 of 31
Note : Executive Order (EO) 13706, Establishing Paid Sick
Leave for Federal Contractors applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after
January 1, 2017 . If this contract is covered by the EO,
the contractor must provide employees with 1 hour of paid
sick leave for every 30 hours they work, up to 56 hours of
paid sick leave each year. Employees must be permitted to
use paid sick leave for their own illness, injury or other
health-related needs, including preventive care; to assist
a family member (or person who is like family to the
employee) who is ill, injured, or has other health-related
needs, including preventive care; or for reasons resulting
from, or to assist a family member (or person who is like
family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional
information on contractor requirements and worker
protections under the EO is available at
www.dol . gov/whd/govcontracts .
Unlisted classifications needed for work not included
within the scope of the classifications listed may be added
after award only as provided in the labor standards
contract clauses (29CFR 5 . 5 (a) (1) (ii) ) .
The body of each wage determination lists the
classification and wage rates that have been found to be
prevailing for the cited type (s) of construction in the
area covered by the wage determination . The classifications
are listed in alphabetical order of ""identifiers"" that
indicate whether the particular rate is a union rate
(current union negotiated rate for local) , a survey rate
(weighted average rate) or a union average rate (weighted
union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier
enclosed in dotted lines beginning with characters other
Page 28 of 31
than ""SU" " or ""UAVG" " denotes that the union
classification and rate were prevailing for that
classification in the survey. Example : PLUM0198-005
07/01/2014 . PLUM is an abbreviation identifier of the union
which prevailed in the survey for this classification,
which in this example would be Plumbers . 0198 indicates the
local union number or district council number where
applicable, i .e . , Plumbers Local 0198 . The next number, 005
in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of
the most current negotiated rate, which in this example is
July 1, 2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA)
governing this classification and rate .
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate
that no one rate prevailed for this classification in the
survey and the published rate is derived by computing a
weighted average rate based on all the rates reported in
the survey for that classification. As this weighted
average rate includes all rates reported in the survey, it
may include both union and non-union rates . Example :
SULA2012-007 5/13/2014 . SU indicates the rates are survey
rates based on a weighted average calculation of rates and
are not majority rates . LA indicates the State of
Louisiana . 2012 is the year of survey on which these
classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey
completion date for the classifications and rates under
that identifier .
Survey wage rates are not updated and remain in effect
until a new survey is conducted.
Union Average Rate Identifiers
Classification (s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
Page 29 of 31
classifications was union data . EXAMPLE : UAVG-OH-0010
08/29/2014 . UAVG indicates that the rate is a weighted
union average rate . OH indicates the state. The next
number, 0010 in the example, is an internal number used in
producing the wage determination. 08/29/2014 indicates the
survey completion date for the classifications and rates
under that identifier.
A UAVG rate will be updated once a year, usually in January
of each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate
is based.
WAGE DETERMINATION APPEALS PROCESS
1 . ) Has there been an initial decision in the matter? This
can be :
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position
on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including
requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey
was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program. If the
response from this initial contact is not satisfactory,
then the process described in 2 . ) and 3 . ) should be
followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations . Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
Page 30 of 31
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
2 . ) If the answer to the question in 1 . ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour
Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) .
Write to :
Wage and Hour Administrator
U. S . Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of
the interested party' s position and by any information
(wage payment data, project description, area practice
material, etc. ) that the requestor considers relevant to
the issue .
3 , ) If the decision of the Administrator is not favorable,
an interested party may appeal directly to the
Administrative Review Board (formerly the Wage Appeals
Board) . Write to :
Administrative Review Board
U. S . Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are
final .
END OF GENERAL DECISION
Page 31 of 31
SECTION 00120
NON-COLLUSION AFFIDAVIT
I, Christian Brisson of the city Big Pine Kcy
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am as President
of the firm of Pedro Falcon Contractors, Inc.
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Big Pine Key Community Park Phase II Repairs
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person,
_ _ _partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
know -•. e said p -,ject
Se 04-30-2020
Signature of Proposer) (Date)
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of 0➢ physical presence or ❑ online
notarization, on April 30, 2020 (date)
by Christian Brisson (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification. / / `
;'� AiBileen A Mel !l .0 J , A n
CanMssbe f 0(i el is T7 �Lbf�fo �.,LCi i.
li c bola:PO 22,2022 NOTARY PUBLIC
ft. Boded tivu Awn Xchr1 , L/
(SEAL} My commission expires: 'l - •2-Z -2f 2?.Z
PROPOSAL FORM 00120-Page 28 of 303
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" Pedro Falcon Contractors, Inc.
(Company)
... warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer or employee".
(Signature)
Date: 04-30-2020
STATE OF Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of r physical presence or O online
notarization, on April 30, 2020 (date)
by Christian Brisson (name of affiant). He/She is personally
known to me or has produced (type of identification as
identification. 14
NOTARY PUBLIC `` A
FYhtam k Wh
itY Camimion g OG2097l6 My commission expires: 4 22 -2tt.--L-
k& BSc April 22,2022
SSW Ow An Notary
PROPOSAL FORM 00120-Page 29 of 303
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Pedro Falcon Contractors Inc
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under proposal, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893
(Florida Statutes) or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement,
II certify that this firm complies fully with the
above requirements
Proposer's Signature
04-30-2020
Date
PROPOSAL FORM 00120-Page 30 of 303
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list'
I have read the above and state that neither Pedro Falcon Contractors, Inc.
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
ignature)
Date: 04-30-2020
STATE OF: Florida
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of p9 physical presence or O online
notarization, on April 30 2020 (date)
by Christian Brisson (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification. ` ft
k l/tX-.LP, 7[ll
NOTARY PUBLIC
Whim BAT*
-Z - —201Z
( /16 My commission expires:
31: `t ` Boded Ow Aran bury
PROPOSAL FORM 00120-Page 31 of 303
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): Big Pine Key Community Park Phase II Repairs
Respondent Vendor Name: Pedro Falcon Contractors, Inc.
Vendor FEIN'. 59-2550231
Vendor's Authorized Representative Name and Title. Christian Brisson, as President
Address. 3 1160 Avenue C
City: Big Pine Key State. FL Zip: 33043
Phone Number 305-872-2200 Email Address: cbi pedrofalcon.com
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 2154725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida
Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing
a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in
Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name' is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135. Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any
contract with the County may be terminated, at the option of the County, if the company is found to have
submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or
engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in
business operations in Cuba or Syria.
Certified By: Christian Brisso r ,who is authorized
to sign on behalf of the above ref r tcompany.
Authorized Signature.
Print Name: Christian Brisson
Title: as President
Note. The List are available at the following Department of Management Services Site.
http://v4vw.dms.mvflonda com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
PROPOSAL FORM 00120-Page 32 of 303
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
02 Blue Native Valdo Gutierrez 305-872-4050 155 Toppino Industrial
Key West, Florida 33040
06 Victor Door Juan Henrandez 305-262-8089 9422 NW 109 St .
Medley, Florida 33178
PROPOSAL FORM 00120- Page 33 of 303
J411 ® CERTIFICATE OF LIABILITY INSURANCE DATEIMM/DD Y)
A�O
s/z6/zgzo
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Michelle Rushing
Bowen, Miclette&Britt of Florida, LLC PHONE '.FAA
1020 N.Orlando Avenue, Suite 200 (Ada.i¢EMI:(407)647-1616 I Luc,No)'.(407)628-1635
Maitland FL 32751 ADDRESS: mrushing@bmbinc.com
INSURER(S)AFFORDING COVERAGE NAICI
INSURER A:Amerisure Insurance Company 19488
INSURED PEDaornLco INSURER B:Amerisure Mutual Insurance Company 23396
Pedro Falcon Electrical Contractors, Inc. - - - --— ---
31160 Avenue C INSURER C: - -_
Big Pine Key FL 33043-4516 INSURER D'.
INSURER E:
INSURER F'.
COVERAGES CERTIFICATE NUMBER:620784258 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE DF INSURANCE ADDL SUBR POLICY EFF F LIMITS
woor Yv
LTR I , r WVD' POLICY NUMBE0. yM MND2019YI IIM 1l2I202YYI
A X I COMMERCIAL GENERAL LIABILITY Y Y GL309294105 11RI2019 11/2l$0$0 EACH OCCURRENCE $1,M3,000
DAMAGE TO RENTED
�l� CLAIMS-MADE X ' OCCUR PREMISES(Ea occurrence) $100,000
' _
MED EXP(Any one person) $5000
_. _. _.
PERSONAL&ADV INJURY $1000 000
_GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000.000
POLICY X I JECT I LOC PRODUCTS-COMP/OP AGO $2,000 000
OTHER. I 5
A AUTOMOBILE LIABILITY Y V CA209293905 1122019 1122020 COMBINED SINGLE LIMIT $
(Ea accident) 1000,000_. .X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED L SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
PHIRED AUTOS I AUTOS NON-OVvNEO • ' (PerLmn
r accident)
$
I e X UMBRELLA LIAR %� OCCUR Y 'i Y LV209294205 11RI2019 11rzrz020 EACH OCCURRENCE $4000000 __--
EXCESS CIAO CLAIMS-MADE I AGGREGATE $0000.000
DED I RETENTION$ $
B WORKERS COMPENSATION I V WC209452605 1122019 11/212020 X PER OTH-
ANDEMPLOYERS'LIABILITY YIN $TATUTE ;ER _...
ANY PROPRIETOR/PARTNEWEXECUI ISE . EL EACH ACCIDENT $1000,000
OFFICER/MEMBER EXCLUDED, N NIAI /1� /1 pC
rj '�+yV"� IEL DISEASE-POLICY LIIMITE 51,000,000_
(Mandatory in NHI
descnbe under
DasdRlPnoNof OPERATIONS below •
�ilq a1,000.000
•
•
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional RemarksRemarks Schedule,may be attached If more space is required)
The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in
the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are
available by emailing: certificates@bmbinc.com
When required by written contract,those parties listed in said contract, including the Certificate Holder,are added as additional insureds with respect to the
General Liability including ongoing and completed operations.Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements.
When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability.Workers Compensation,and Umbrella
See Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners
500 VMitehead Street AUTHORIZED REPRESENTATIVE
Key West FL 33040
I /d✓
�j m 1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: PEDROFALCO
LOC#:
ACCPR o ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY NAMED INSURED
Bowen,Miclette 8 Britt of Florida,LLC Pedro Falcon Electrical Contractors, Inc.
31160 Avenue C
POLICY NUMBER Big Pine Key FL 33043-4516
CAMBER NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE
Lability to those parties listed in said contract,including the Certificate Holder.
The General Liability and Umbrella Liability certified herein are primary and non-contributory to other insurance available,but only to the extent required by
written contract.
Certificate Holder includes:The Monroe County Board of County Commissioners,its employees and officials
RE. Big Pine Key Community Park Phase II Repairs
ACORD 101 (2008/01) ®2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT -
FORM A
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Policy Number Agency Number Policy Effective Date
GL209294105 0845507 11/2/2019
Policy Expiration Date Date Account Number
11/2/2020 11228245
Named Insured Agency Issuing Company
PEDRO FALCON ELECTRICAL BOWEN MICLETTE & BRITT OF AMERISURE INSURANCEE
CONTRACTORS INC FLORIDA, LLC COMPANY
1. a. SECTION II-WHO IS AN INSURED is amended to add as an additional insured any person or
organization:
(1) Whom you are required to add as an additional insured on this policy under a written contractor
written agreement relating to your business.or
(2) Who is named as an additional insured under this policy on a certificate of insurance,
b. The written contract,written agreement. or certificate of insurance must:
(1) Require additional insured status for a time period during the term of this policy; and
(2) Be executed prior to the "bodily injury","property damage". or"personal and advertising injury"
leading to a claim under this policy.
c. If, however:
(1) "Your work"began under a letter of intent or work order; and
(2) The letter of intent or work order led to a written contract or written agreement within 30 days of
beginning such work: and
(3) Your customer's customary contracts require persons or organizations to be named as additional
insureds;
we will provide additional insured status as specified in this endorsement.
2. The insurance provided under this endorsement is limited as follows:
a. That person or organization is an additional insured only with respect to liability caused, in whole or in
part. by:
(1) Premises you:
(a)Own:
(b) Rent;
(c) Lease: or
Id) Occupy;
(2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to
"bodily injury"or"property damage'occurring after:
Includes copyrighted material of Insurance Services Office, Inc.
CG70481015 Pages of
Policy#GL209294105
Effective Dates: 11/2/2019-11/2/2020
(a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the
covered operations is complete, including related materials, parts or equipment(other than
service, maintenance or repairs): or
(b) That portion of"your work"out of which the injury or damage arises is put to its intended use by
any person or organization other than another contractor working for a principal as a part of the
same project.
(3) Completed operations coverage, but only if:
(a) The written contract.written agreement, or certificate of insurance requires completed
operations coverage or"your work"coverage;and
(b) This coverage part provides coverage for"bodily injury'or"property damage'included within
the"products-completed operations hazard".
However,the insurance afforded to such additional insured only applies to the extent permitted by law,
b. If the written contract,written agreement, or certificate of insurance:
(1) Requires"arising out of language:or
(2) Requires you to provide additional insured coverage to that person or organization by the use of
either or both of the following:
(a) Additional Insured—Owners. Lessees or Contractors—Scheduled Person Or Organization
endorsement CG 20 10 10 01; or
(b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG
203/ 1001;
then the phrase"caused, in whole or in part, by"in paragraph 2.a. above is replaced by"arising out of'.
c. If the written contract, written agreement, or certificate of insurance requires you to provide additional
insured coverage to that person or organization by the use of:
(1) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization
endorsement CG 20 10 07 04 or CG 20 10 04 13: or
(2) Additional Insured—Owners. Lessees or Contractors—Completed Operations endorsement CG 20
37 07 04 or CG 20 37 04 13;or
(3) Both those endorsements with either of those edition dates;or
(4) Either or both of the following:
(a) Additional Insured—Owners, Lessees or Contractors—Scheduled Person Or Organization
endorsement CG 20 10 without an edition date specified; or
(b) Additional Insured—Owners. Lessees or Contractors—Completed Operations endorsement CG
20 37 without an edition date specified:
then paragraph 2.a. above applies.
d. Premises, as respects paragraph 24.(1)above, include common or public areas about such premises if
so required in the written contract or written agreement,
e. Additional insured status provided under paragraphs 2,a.(1)(b)or 2.a.(1)(c)above does not extend
beyond the end of a premises lease or rental agreement.
f. The limits of insurance that apply to the additional insured are the least of those specified in the:
(1) Written contract:
(2) Written agreement:
(3) Certificate of insurance: or
(4) Declarations of this policy.
The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the
Declarations.
Includes copyrighted material of Insurance Services Office. Inc.
Page 2 of 4 CG 70 4810 15
Policy#GL209294105
• Effective Dates: 11/2/2019-11/2/2020
g. The insurance provided to the additional insured does not apply to "bodily injury". "property damage".or
"personal and advertising injury"arising out of an architects,engineers, or surveyor's rendering of,or
failure to render, any professional services. including but not limited to:
(1) The preparing, approving. or failing to prepare or approve:
(a) Maps:
(b) Drawings:
(c)Opinions:
(d) Reports;
(e) Surveys;
(f) Change orders:
(g)Design specifications: and
(2) Supervisory, inspection,or engineering services.
h. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS. paragraph 4. Other Insurance is
deleted and replaced with the following:
4. Other Insurance.
Coverage provided by this endorsement is excess over any other valid and collectible insurance
available to the additional insured whether:
a.Primary:
b. Excess,
c.Contingent: or
d.On any other basis:
but if the written contract. written agreement.or certificate of insurance requires primary and non-
contributory coverage.this insurance will be primary and non-contributory relative to other insurance
available to the additional insured which covers that person or organization as a Named Insured, and
we will not share with that other insurance.
If the written contract,written agreement, or certificate of insurance as outlined above requires additional
insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 endorsement
does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that
provided by CG 20 10 11 85 shown below and paragraph 2.h.Other Insurance shown above.
ADDITIONAL INSURED- OWNERS,LESSEES OR
CONTRACTORS(FORM B)
This endorsement modifies insurance provided under the following.
COMMERCIAL. GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,Agreement, or
Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of your work"for that insured by or for you.
CG 20 10 11 85 Copyright. Insurance Services Office, Inc.. 1984
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 48 10 15 Pages 3 of 4
Policy#GL209294105
Effective Dates: 11/2/2019-11/2/2020
j. The insurance provided by this endorsement does not apply to any premises or work for which the
person or organization is specifically listed as an additional insured on another endorsement attached to
this policy.
Includes copyrighted material of Insurance Services Office, Inc.
Page 4 of 4 CG 70 48 10 15
• Policy WGL209294105
Effective Dates: 11/2/2019-11/2/2020
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I—COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY,paragraph 2.
EXCLUSIONS,provisions 1.through 6.of this endorsement are excess over any valid and collectible insurance
(including any deductible) available to the insured, whether primary,excess or contingent(SECTION IV—
COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4.Other Insurance is changed accordingly).
Provisions 1.through 6.of this endorsement amend the policy as follows:
1. PROPERTY DAMAGE LIABILITY—ALIENATED PREMISES
A. Exclusion j. Damage to Property,paragraph(2) is deleted.
B. The following paragraph is also deleted from Exclusion j. Damage to Property:
Paragraph(2) of this exclusion does not apply if the premises are"your work"and were never occupied,
rented or held for rental by you.
2. PROPERTY DAMAGE LIABILITY—ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion j. Damage to Property,paragraphs(3),(4), and(6)do not apply to the use of elevators.
B. Exclusion k. Damage to Your Product does not apply to:
1. The use of elevators;or
2. Liability assumed under a sidetrack agreement.
3. PROPERTY DAMAGE LIABILITY—PROPERTY LOANED TO THE INSURED OR PERSONAL PROPERTY
IN THE CARE, CUSTODY AND CONTROL OF THE INSURED
A. Exclusion j.Damage to Property,paragraphs(3)and(4)are deleted.
B. Coverage under this provision 3.does not apply to "property damage"that exceeds$25,000 per
occurrence or$25,000 annual aggregate.
4. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to"product recall
expenses"that you incur far the"covered recall"of"your product". This exception to the exclusion does
not apply to"product recall expenses"resulting from:
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval;
4. Redistribution or replacement of"your product", which has been recalled, by like products or
substitutes;
5. Caprice or whim of the insured;
6. A condition likely to cause loss, about which any insured knew or had reason to know at the
inception of this insurance;
7, Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing
materials;
8. Recall of"your product(s)"that have no known or suspected defect solely because a known or
suspected detect in another of"your product(s)"has been found.
B. Under SECTION III—LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8. is added:
3. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of:
Includes copyrighted material of Insurance Services Office, Inc.
Page 2of11 CG72890417
Policy#GL209294105
• Effective Dates: 11/2/2019-11/2/2020
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards
existing as of the inception date of this policy. You must report to us any knowledge of an error or
omission in the description of any premises or operations intended to be covered by this Coverage Form
as soon as practicable after its discovery. However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or nonrenewal.
18. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION)
Paragraph 8.Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
8. If the insured has rights to recover all or pal of any payment we have made under this Coverage Form,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the insured will bring "suit"or transfer those rights to us and help us enforce them. However,if the
insured has waived rights to recover through a written contract,or if"your work"was commenced under a
letter of intent or work order,subject to a subsequent reduction to writing with customers whose
customary contracts require a waiver,we waive any right of recovery we may have under this Coverage
Form.
19. MOBILE EQUIPMENT REDEFINED
Under SECTION V—DEFINITIONS,paragraph 12. "Mobile equipment",paragraph f.(1)does not apply to
self-propelled vehicles of less than 1,000 pounds gross vehicle weight.
20. ADDITIONAL DEFINITIONS
1. SECTION V—DEFINITIONS, paragraph 4. "Coverage territory"is replaced by the following definition:
"Coverage territory"means anywhere in the world with respect to liability arising out of"bodily injury,"
"property damage,"or"personal and advertising injury,"including"personal and advertising injury"
offenses that take place through the Internet or similar electronic means of communication provided the
insured's responsibility to pay damages is determined in a settlement to which we agree or in a"suit"on
the merits, in the United States of America(including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V—DEFINITIONS is amended by the addition of the following definitions:
"Covered recall"means a recall made necessary because you or a government body has determined that
a known or suspected defect,deficiency, inadequacy,or dangerous condition in "your product"has
resulted or will result in"bodily injury"or"property damage".
"Product Recall expenses'mean only reasonable and necessary extra costs,which result from or are
related to the recall or withdrawal of"your product"for:
a. Telephone and telegraphic communication, radio or television announcements,computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcements and postage or facsimiles;
c. Remuneration paid to regular employees for necessary overtime or authorized travel expense;
d. Temporary hiring by you or by agents designated by you of persons,other than your regular
employees,to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
f. Packaging of or transportation or shipping of defective products to the location you designate;and
g. Disposal of"your products"that cannot be reused. Disposal expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process such
product: and
(2) Expenses that exceed the cost of normal trash discarding or disposal,except as are necessary
to avoid "bodily injury"or"property damage".
Includes copyrighted material of Insurance Services Office, Inc.
CG 72 89 04 17 Page 9 of 11
Policy#CA209293905
Effective Dates: 11/2/2019-11/2/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FLORIDA ADVANTAGE
COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified
by the endorsement.
The premium for this endorsement is S
1. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS-CANCELLATION. Paragraph A,2.is replaced by the following:
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation
at least.
a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium,or
b. 60 days before the effective date of cancellation if we cancel for any other reason.
2. BROAD FORM INSURED
SECTION II-LIABILITY COVERAGE A.1.WHO IS AN INSURED is amended by the addition of the following:
d. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability
company,and over which you maintain ownership or a majority interest, will qualify as a Named Insured.
However,
(1) Coverage under this provision is afforded only until the end of the policy period:
(2) Coverage does not apply to"accidents'or"loss'that occurred before you acquired or formed the
organization:and
(3) Coverage does not apply to an organization that is an"insured"under any other policy or would be an
"insured"but for its termination or the exhausting of its limit of insurance.
e. Any"employee"of yours using:
(1) A covered"auto"you do not own, hire or borrow,or a covered"auto"not owned by the"employee"or
a member of his or her household,while performing duties related to the conduct of your business or
your personal affairs;or
(2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your
permission,while performing duties related to the conduct of your business. However,your
"employee"does not qualify as an insured under this paragraph(2)while using a covered"auto"
rented from you or from any member of the"employee's"household.
f. Your members, if you are a limited liability company,while using a covered"auto"you do not own, hire,or
borrow.while performing duties related to the conduct of your business or your personal affairs.
g. Any person or organization with whom you agree in a written contract,written agreement or permit, to
provide insurance such as is afforded under this policy.but only with respect to your covered"autos".
This provision does not apply:
(1) Unless the written contractor agreement is executed or the permit is issued prior to the"bodily injury'
or'property damage":
Includes copyrighted material of Insurance Services Office, Inc.
CA 71 71 05 08 Page 1 of 6
Policy#CA209293905
Effective Dates: 11/2/2019-11/2/2020
8. AIRBAG COVERAGE
SECTION III •PHYSICAL DAMAGE, B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following:
We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is
covered by this insurance:
a. Wear and tear,freezing,mechanical or electrical breakdown. However,this exclusion does not include
the discharge of an airbag.
b. Blowouts,punctures or other road damage to tires.
9. GLASS REPAIR-WAIVER OF DEDUCTIBLE
SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following:
No deductible applies to glass damage.
10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE
SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following.
When there is a"loss"to your covered"auto"insured for Collision Coverage, no deductible will apply if the
"loss"was caused by a collision with another"auto"insured by us.
11. KNOWLEDGE OF ACCIDENT
SECTION IV• BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS, 2. DUTIES IN THE EVENT OF
ACCIDENT.CLAIM,SUIT OR LOSS, paragraph a.is deleted and replaced by the following:
a. You must see to it that we are notified as soon as practicable of an"accident", claim,"suit"or"loss".
Knowledge of an"accident", claim,"suit"or"loss"by your"employees"shall not,in itself,constitute
knowledge to you unless one of your partners,executive officers, directors,managers, or members (if you
are a limited liability company)has knowledge of the"accident",claim, "suit"or"loss". Notice should
include:
(1) How.when and where the"accident"or"loss"occurred:
(2) The "insured's"name and address:and
(3) To the extent possible.the names and addresses of any injured persons and witnesses.
12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION)
SECTION IV- BUSINESS AUTO CONDITIONS A.S.TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US is deleted and replaced by the following:
If any person or organization to or for whom we make payment under this Coverage Form has rights to recover
damages from another,those rights are transferred to us. That person or organization must do everything
necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,if the
insured has waived rights to recover through a written contract,or if your work was commenced under a letter
of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts
require a waiver,we waive any right of recovery we may have under this Coverage Form.
13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV-BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS, 2. CONCEALMENT,
MISREPRESENTATION OR FRAUD is amended by the addition of the following:
We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing
as of the inception date of this policy. You must report to us any knowledge of an error or omission in your
representations as soon as practicable after its discovery. This provision does not affect our right to collect
additional premium or exercise our right of cancellation or non-renewal.
Includes copyrighted material of Insurance Services Office. Inc,
Page 0 of 6 CA 71 71 05 08
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
"Any person or organization required by written contract or certificate of insurance."
"This endorsement is not applicable in California, Kentucky, New Hampshire,
New Jersey, Texas and Utah."
"This endorsement does not apply to policies in Missouri where the employer is in the construction
group of code classifications, According to Section 287.150161 ci the Missouri Statues,a
contractual provision purporting to waive subrogation rights is against piddle policy and void where
one party to the contract is an employer in the construction group of code classifications."
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 11/2/2019 Policy No WC209452605 Endorsement No.
Insured Pedro Falcon Electrical Contractors, Inc. Premium $
474
Insurance Company Amerisure Insurance CO. Countersigned by .__ --(1 1 /"'
WC 00 03 13
(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. net, No.l4.413811
•
Policy#CU209294205
Effective Dates: 11/2/2019-11/2P2020
COMMERCIAL LIABILITY UMBRELLA
CU 00 01 04 13
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or
Read the entire policy carefully to determine rights. perform acts or services is covered unless
duties and what is and is not covered. explicitly provided for under Supplementary
Throughout this policy the words "you" and "your" Payments—Coverages A and B.
refer to the Named Insured shown in the Declarations. b. This insurance applies to "bodily injury' or
and any other person or organization qualifying as a "property damage" that is subject to an
Named Insured under this policy. The words "we", applicable "retained limit". If any other limit,
"us" and "our" refer to the company providing this such as a sublimit, is specified in the
insurance. "underlying insurance", this insurance does not
The word"insured" means any person or organization apply to "bodily injury" or "property damage'
qualifying as such under Section II — Who Is An arising out of that exposure unless that limit is
Insured. specified in the Declarations under the
Schedule of"underlying insurance".
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V — c. This insurance applies to "bodily injury" and
Definitions. 'property damage"only if:
SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is
caused by an "occurrence"that takes place
COVERAGE A—BODILY INJURY AND PROPERTY in the"coverage territory":
DAMAGE LIABILITY
1. Insuring Agreement (2) The occursduring tily he policy
period: ty damage"
po� y period; and
a. We will pay on behalf of the insured the (3) Prior to the policy period. no insured listed
"ultimate net loss" in excess of the 'retained under Paragraph 1.a. of Section II—Who Is
limit" because of "bodily injury" or "property An Insured and no "employee" authorized
damage" to which this insurance applies. We by you to give or receive notice of an
will have the right and duty to defend the "occurrence"or claim, knew that the "bodily
insured against any "suit" seeking damages for injury" or "property damage" had occurred.
such"bodily injury" or"property damage" when in whole or in part. If such a listed insured
the "underlying insurance" does not provide or authorized "employee" knew. prior to the
coverage or the limits of"underlying insurance" policy period, that the "bodily injury" or
have been exhausted. When we have no duty "property damage" occurred, then any
to defend. we will have the right to defend. or continuation, change or resumption of such
to participate in the defense of. the insured "bodily injury" or "property damage" during
against any other "suit" seeking damages to or after the policy period will be deemed to
which this insurance may apply. However. we have been known prior to the policy period.
will have no duty to defend the insured against d. "Bodilyinjury" or "property damage which
any "suit" seeking damages for "bodily injury" 1 ry' P P Y 9
or "property damage" to which this insurance occurs during the policy period and was not,
does not apply. At our discretion. we may prior to the policy period. known to have
investigate any "occurrence" that may involve occurred by any insured listed under
this insurance and settle any resultant claim or Paragraph t.a. of Section II — Who Is An
"suit" for which we have the duty to defend. Insured or any"employee"authorized by you to
But: give or receive notice of an "occurrence" or
claim, includes any continuation, change or
(1) The amount we will pay for the "ultimate net resumption of that "bodily injury" or "property
loss" is limited as described in Section III — damage"after the end of the policy period.
Limits Of Insurance; and
(2) Our right and duty to defend ends when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B.
CU 00 01 0413 C Insurance Services Office, Inc.,2012 Page 1 of 18
Policy#CU209294205
Effective Dates: 11/22019-11/2/2020
(3) Any person or organization having proper (4) Anyone other than your "employees".
temporary custody of your property if you partners (if you are a partnership).
die, but only: members (if you are a limited liability
(a) With respect to liability arising out of the company). or a lessee or borrower or any of
maintenance or use of that property: their "employees", while moving property to
and or from a "covered auto".
(h) Until your legal representative has been (5) A partner (if you are a partnership), or a
appointed. member (if you are a limited liability
(4) Your legal representative if you die, but only company) for a "covered auto" owned by
or her or a member of his or her
with respect to duties as such. That him eh
representative will have all your rights and household.
duties under this Coverage Part. (6) "Employees" with respect to "bodily injury"
c. Any organization you newly acquire or form. to:
other than a partnership,joint venture or limited (a) Any fellow "employee" of the insured
liability company, and over which you maintain arising out of and in the course of the
ownership or majority interest, will qualify as a fellow "employee's' employment or
Named Insured if there is no other similar while performing duties related to the
insurance available to that organization. conduct of your business: or
However: (b) The spouse, child. parent, brother or
(1) Coverage under this provision is afforded sister of that fellow "employee" as a
only until the 90th day after you acquire or consequence of Paragraph(a)above.
form the organization or the end of the c. Anyone liable for the conduct of an insured
policy period.whichever is earlier: described above is also an insured, but only to
(2) Coverage A does not apply to'bodily injury" the extent of that liability.
or "property damage' that occurred before 3. Any additional insured under any policy of
you acquired or formed the organization: "underlying insurance" will automatically be an
and insured under this insurance.
j3) Coverage B does not apply to "personal Subject to Section III - Limits Of Insurance, if
and advertising injury" arising out of an coverage provided to the additional insured is
offense committed before you acquired or required by a contract or agreement. the most we
formed the organization. will pay on behalf of the additional insured is the
2. Only with respect to liability arising out of the amount of insurance:
ownership, maintenance or use of 'covered a. Required by the contract or agreement, less
autos any amounts payable by any "underlying
a. You are an insured. insurance":or
b. Anyone else while using with your permission a b. Available under the applicable Limits of
"covered auto" you own, hire or borrow is also Insurance shown in the Declarations;
an insured except: whichever is less.
(1) The owner or anyone else from whom you Additional insured coverage provided by this
hire or borrow a "covered auto". This insurance will not be broader than coverage
exception does not apply if the 'covered provided by the "underlying insurance.
auto" is a bailer or semitrailer connected to
a "covered auto"you own. No person or organization is an insured with respect
to the conduct of any current or past partnership,joint
(2) Your "employee" if the "covered auto' is venture or limited liability company that is not shown
owned by that "employee' or a member of as a Named Insured in the Declarations.
his or her household.
(3) Someone using a "covered auto' while he
or she is working in a business of selling,
servicing, repairing. parking or storing
"autos"unless that business is yours.
CU 00 01 0413 0 Insurance Services Office, Inc.,2012 Page 11 of 18
Policy#CU209294205
Effective Dates: 11/2/2019-11/2/2020
(2) Authorize us to obtain records and other (2) The total of all deductible and self-insured
information: amounts under all that other insurance.
(3) Cooperate with us in the investigation or 6. Premium Audit
settlement of the claim or defense against a. We will compute all premiums for this
the"suit': and Coverage Part in accordance with our rules
(4) Assist us, upon our request, in the and rates.
enforcement of any right against any b. Premium shown in this Coverage Part as
person or organization which may be liable advance premium is a deposit premium only,
to the insured because of injury or damage At the close of each audit period we will
to which this insurance may also apply. compute the earned premium for that period
d. No insured will, except at that insured's own and send notice to the first Named Insured,
cost. voluntarily make a payment, assume any The due date for audit and retrospective
obligation. or incur any expense, other than for premiums is the date shown as the due date
first aid,without our consent. on the bill. If the sum of the advance and audit
4. Legal Action Against Us premiums paid for the policy period is greater
than the earned premium, we will return the
No person or organization has a right under this
excess to the first Named Insured.
Coverage Part:
c. The first Named Insured must keep records of
a. To join us as a party or otherwise bring us into the information we need for premium
a"suit"asking for damages from an insured:or computation, and send us copies at such times
b. To sue us on this Coverage Part unless all of as we may request.
its terms have been fully complied with. 7. Representations Or Fraud
A person or organization may sue us to recover on By accepting this policy,you agree:
an agreed settlement or on a final judgment
against an insured: but we will not be liable for a. The statements in the Declarations are
damages that are not payable under the terms of accurate and complete:
this Coverage Part or that are in excess of the b. Those statements are based upon
applicable limit of insurance.An agreed settlement representations you made to us:
means a settlement and release of liability signed c. We have issued this policy in reliance upon
by us, the insured and the claimant or the your representations: and
claimant's legal representative.
d. This policy is void in any case of fraud by you
5. Other Insurance as it relates to this policy or any claim under
a. This insurance is excess over, and shall not this policy.
contribute with any of the other insurance, 8. Separation Of Insureds
whether primary, excess. contingent or en any
other basis. This condition will not apply to Except with respect to the Limits of Insurance, and
insurance specifically written as excess over any rights or duties specifically assigned in this
this Coverage Part. Coverage Part to the first Named Insured, this
When this insurance is excess, we will have no insurance applies;
duty under Coverages A or B to defend the a. As if each Named Insured were the only
insured against any "suit" it any other insurer Named Insured;and
has a duty to defend the insured against that b. Separately to each insured against whom claim
"suit". If no other insurer defends, we will is made or"suit"is brought.
undertake to do so. but we will be entitled to 9. Transfer Of Rights Of Recovery Against Others
the insured's rights against all those other To Us
inserters.
If the insured has rights to recover all or part of
b. When this insurance is excess over other any payment we have made under this Coverage
insurance, we will pay only our share of the Part, those rights are transferred to us. The
"ultimate net loss"that exceeds the sum of: insured must do nothing after loss to impair them.
(1) The total amount that all such other At our request. the insured will bring "suit" or
insurance would pay for the loss in the transfer those rights to us and help us enforce
absence of the insurance provided under them.
this Coverage Part: and
CU 00 01 0413 0 Insurance Services Office, Inc.2012 Page 13 of 18
Policy NCU209294205
Effective Dates: 11/212019-11/2/2020
COMMERCIAL LIABILITY UMBRELLA
CU 74 67 08 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - PRIMARY/NON-CONTRIBUTORY
COVERAGE WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN
AGREEMENT, OR CERTIFICATE OF INSURANCE
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
All policy terms apply except as stated below.
Under SECTION II-WHO IS AN INSURED. the following is added to paragraph 3:
If coverage provided to any additional insured is required by a written contract,written agreement, or
certificate of insurance, we will provide coverage to the additional insured on a primary basis without
contribution from any other valid and collectible insurance available to the additional insured.
Under SECTION IV-CONDITIONS. paragraph 5.Other Insurance does not apply to coverage provided by
this endorsement.
Includes copyrighted material of Insurance Services Office, Inc.
CU 74 67 0810
Policy#GL209294105
Effective Dates: 11/2/2019-11/2/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATI ON, NONRENEWAL OR MATERIAL
CHANGE - THIRD PARTY
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
Subject to the cancellation and/or nonrenewal provisions of the Coverage Form to which this endorsement is
attached.we will not:
1. Cancel:
2. Nonrenew; or.
3. Materially change(reduce or restrict)
this Coverage Form, except for nonpayment of premium. until we provide at least 3 0 days written notice of
such cancellation, nonrenewal or material change.Written notice will be to the person or organization named in
the Schedule.
This notification of cancellation, nonrenewal or material change to the person or organization named in the
Schedule is intended as a courtesy only. If the person or organization named in the Schedule does not receive
such notification within the time frame stated in this endorsement.this will not:
1. Extend any Coverage Form cancellation date:
2. Negate the cancellation as to any insured or any certificate holder;
3. Provide any additional insurance that would not have been provided in the absence of this endorsement;
or
4. Impose liability of any kind upon us.
This endorsement does not entitle the person or organization named in the Schedule to any benefits. rights or
protection under this Coverage Form.
SCHEDULE
Name Of Person Or Organization Mailing Address
Any person or organization holding a certificate of insurance issued The address shown for that person or organization in
for you,provided the certificate: that certificate of insurance
1. Refers to this policy:
2. States that notice of:
a. Cancellation;
b. Nonrenewal;or
c. Material change reducing or restricting coverage:
will be provided to that person or organization:
3. Is in effect at the time of the:
a. Cancellation;
b. Nonrenewal; or
c. Material change reducing or restricting coverage; and
4. Is on file at your agent or broker's office for this policy
IL 70 74 0116
Policy#CA209293905
Effective Dates: 11/2/2019-11/2/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATI ON, NONRENEWAL OR MATERIAL
CHANGE - THIRD PARTY
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
Subject to the cancellation and/or nonrenewal provisions of the Coverage Form to which this endorsement is
attached.we will not:
1. Cancel:
2. Nonrenew; or.
3. Materially change (reduce or restrict)
this Coverage Form, except for nonpayment of premium, until we provide at least 30 days written notice of
such cancellation. nonrenewal or material change.Written notice will be to the person or organization named in
the Schedule.
This notit'rcation of cancellation, nonrenewal or material change to the person or organization named in the
Schedule is intended as a courtesy only. If the person or organization named in the Schedule does not receive
such notification within the time frame stated in this endorsement,this will not:
1. Extend any Coverage Form cancellation date;
2. Negate the cancellation as to any insured or any certificate holder;
3. Provide any additional insurance that would not have been provided in the absence of this endorsement:
or
4. Impose liability of any kind upon us.
This endorsement does not entitle the person or organization named in the Schedule to any benefits. rights or
protection under this Coverage Form.
SCHEDULE
Name Of Person Or Organization Mailing Address
Any person or organization holding a certificate of insurance issued The address shown for that person or organization in
for you.provided the certificate: that certificate of insurance
1. Refers to this policy:
2. States that notice of:
a. Cancellation;
b. Nonrenewal; or
c. Material change reducing or restricting coverage;
will be provided to that person or organization:
3. Is in effect at the time of the:
a. Cancellation:
b. Nonrenewal: or
c. Material change reducing or restricting coverage;and
4. Is on We at your agent or broker's office(or this policy
IL 707a 0116
Policy#WC209452605
Effective Dates: 11/2/2019-11/2/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION
PROVIDED BY US
Number of Days Notice 60
For any statutorily permitted reason other than nonpayment of premium.the number of days required for notice of cancellation is
increased to the number of days shown in the Schedule above.
If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation
based on the number of days notice shown above.
SCHEDULE
Name of Person or Organization
The Name of Person or Organization is any person or organization holding a certificate of insurance
issued for you, provided the certificate:
1. Refers to this policy;
2. States that notice of:
a. Cancellation;
—b_Nonrenewal: or
c. Material change reducing or restrcting coverage;
will be provided to that person or organization:
3. Is in effect at the time of the:
a. Cancellation:
b. Nunrenewal; or
c. Material change reducing or restricting coverage; and
4. Is on file at your agent or broker's office for this policy.
Mailing Address
The Mailing Address is the address shown for that person or organization in that certificate of
insurance.
IL 70 45 05 07
Policy UCU209294205
Effective Dates: 1 1/2/2019-1 1/2/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATI ON, NONRENEWAL OR MATERIAL
CHANGE - THIRD PARTY
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
Subject to the cancellation and/or nonrenewal provisions of the Coverage Form to which this endorsement is
attached,we will not:
1. Cancel;
2. Nonrenew; or,
3. Materially change(reduce or restrict)
this Coverage Form. except for nonpayment of premium,until we provide at least 30 days written notice of
such cancellation, nonrenewal or material change.Written notice will be to the person or organization named in
the Schedule.
This notification of cancellation, nonrenewal or material change to the person or organization named in the
Schedule is intended as a courtesy only. If the person or organization named in the Schedule does not receive
such notification within the time frame stated in this endorsement,this will not:
1. Extend any Coverage Form cancellation date;
2. Negate the cancellation as to any insured or any certificate holder:
3. Provide any additional insurance that would not have been provided in the absence of this endorsement;
or
4. Impose liability of any kind upon us.
This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or
protection under this Coverage Form.
SCHEDULE
Name Of Person Or Organization Mailing Address
Any person or organization holding a certificate of insurance issued The address shown for that person or organization in
for you, provided the certificate: that certificate of insurance
1. Refers to this policy;
2. Slates that notice of:
a. Cancellation;
b. Nonrenewal:or
c. Material change reducing or restricting coverage;
will be provided to that person or organization:
3. Is in effect at the time of the:
a. Cancellation:
b. Nonrenewal; or
c. Material change reducing or restricting coverage;and
4. Is on file at your agent or broker's office for this policy
IL 70 74 0116
Nielson, Hoover&Associates
Bond Department
Public Works Bond
In compliance with Florida Statutes 255.05(1)(a)
Bond No. 107244383
Contractor Pedro Falcon Contractors, Inc.
Address 3116o Avenue C
Big Pine Key,FL 33043
Phone No. (305) 872-2200
Surety Company Travelers Casualty and Surety Company of
America
Address One Tower Square
Hartford, CT 06183
Phone No. (860) 277-0111
---Owner Name Monroe County Board of County Commissioners
Address Soo Whitehead Street
Key West, FL 33043
Phone Number (305) 872-1678
Contract/Project No.
Project Name Big Pine Key Community Park Phase II Repairs
Project Location Big Pine Key, FL
Legal Description and/or 31009 Atlantis Drive, Big Pine Key, FL
Street Address
Description of Work Repairs
Front Page
All other bond page(s) are deemed subsequent to this page regardless
of any page number(s)that may be preprinted thereon.
Doc#227045i Bid13828 Pg#534
Recorded 6 13.'2020 1 L 13 AM Page I of 11
Filed and Recorded in Official Records of
MONROE COUNTY KEVIN MADOK,CPA
Bond No. 107244383
Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal slants and address) (Name,legal slows and principal place of business)
Pedro Falcon Electrical Contractors, Inc. Travelers Casualty and stray Company or America
31160 Avenue C One Tower Square This document has mportaM legal
Hartford, CT 06183 consequences.Consultation veldt
Big Pine Key, FL 33043 Mailing Address for Notices an altomey Is encouraged with
respect to Its completion or
One Tower Square modification.
OWNER: Hartford, CT 06183 Any singular reference to
Name.legal slants and address) Contraclor,Surely.Owner or
other party shall be considered
Monroe County Board of County Commissioners plural where applicable.
500 Whitehead Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: May 20, 2020
Amount:S 344,760.00 Three Hundred Forty Four Thousand Seven Hundred Sixty Dollars and 00/100
Description:
Name and location)
Big Pine Key Community Park Phase II Repairs
BOND
Date: May 29, 2020
(Not earlier than Construction Contract Date)
Amount:$344,760,00 Three Hundred Forty Four Thousand Seven Hundred Sixty Dollars and 00/100
Modifications to this Bond: ® None ❑ Sec Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Co •• to Seal)
Pedro Falcon ctueaContractors, Inc. Travelers Casually an.
o4 rrca
al63 May
SignaN�t1" ` 1 Signature:
Nelne I',r1Clc7Tl er-fl_ !r' YY1 Name Joseph P. Nielso .
and It a and Title: Attorney-in-Fact ( HAF'1%'sfi0,1 1e
�tiPr�s�dLR corms, = s :
(Any additional signatures appear on the last page of this Peifonnance Bond)
(FOR 1NFORMLIT/ON ONLY—Name,address and telephone)
AGeNT.or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Hoover&Associates (Architect,Engineer or other party)
8000 Governors Square Blvd. #101
Miami Lakes, FL 33016
305-722-2663
S-1852/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surely to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Owner's notice,request such a conference.If the Surety timely requests a conference,the Omer shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(ID)business days Witte Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surely agree,the Contractor shall be allowed a reasonable lime to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contact and notifies the Surety;and
.3 the Owner hes agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through Its agents or independent contractors;
§ma Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of Me Contract Price incurred by the Owner as a result of the
Contractor Default;or
$5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and as soon as practicable after the amount is
determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§5 lithe Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or In par,without farther notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-1852IA58/10
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract
.2 additional legal,design professional and delay casts resulting from the Contractor's Default,and resulting from the actions or
failure to act of die Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8 if the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§0 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Consuuclion Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part ofthc work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense In the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
confmming to such statutory or other legal requirement shall be Deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contact after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf ofthe
Contractor under the Construction Contact.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
5-1852/AS 8/10
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-1852/AS B110
•
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint JOSEPH P NIELSON of MIAMI LAKES
Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February,
2017.
081
4 95/
Stale of Connecticut
By: Je1`l
City of Hartford ss. Robert L.Raney,Se(tkc Vice President
On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal.
YY'1
My Commission expires the 30th day of June,2021 o-* me. C Wxtetuiy
C.Te .L
• f Mane C.Tetreau0,Notary Public
" ras-a
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in
full force and effect reading as follows:
RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President, any Vice President,any
Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may presaibe to sign with
the Company's name and seal with the Company's seal bands, recognizances,contracts of indemnity,and other writings obligatory in the nature of a
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is fled in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond recognizance,or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duty executed(under seal, if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and otherwritings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company,and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and coned copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 29th day of May ,2020
S
R
WAeR Kevin E.Hughes,Ass tant Secretary
To verify the authenticity of this Power of Attorney,please cap us at l-800-421-3880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached
•
Bond No. 107244383
Document A312T" - 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Name,legal tatus and address) (Name,legal status and principal place ofbusiness)
Pedro Falcon Electrical Contractors, Inc. Travelers Casualty and Surety Company of America
One Tower Square This document has Important legal
31160 Avenue C Hartford,CT 06183 consequences.Consultation with
Big Pine Key, FL 33043 Mailing Address for Notices an attorney Is encouraged with
respect to its completion or
One Tower Square modification.
OWNER: Hartford, CT 06183 Any singular reference to
(Name,legal status and address) Contractor.Surety.Owner or
other party shall be considered
Monroe County Board of County Commissioners plural where applicable.
500 Whitehead Street
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: May 20, 2020
Amount;$344.760.00 Three Hundred Forty Four Thousand Seven Hundred Sixty Dollars and 00/100
Description:
(Name and location)
Big Pine Key Community Park Phase II Repairs
BOND
Date: May 29, 2020
(Not earlier than Construction Contract Date)
Amount:S344,760.00 Three Hundred Forty Four Thousand Seven Hundred Sixty Dollars and 00/100
Modifications to this Bond: None E See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corp le Seal)
Pedro Falcon El Ftri one torrss, Inc. Travelers Casualty a Company erica
Sigtatu C'L Signature: �Mf WgFry
Namo0„lricC�ka-A- M5.5(Y) Mama Joseph P. Niel n //d"".,
and Title:63 Kasscto&± and Title: Attorney-in-Fact EMI 1; ,iG.i A"
a CONK- f R
(Arty additional signatures appear on the last page of this Payment Bond) qc /
(FOR 1NFOR,NATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Nielson, Hoover&Associates (Architect,Engineer or other party)
8000 Governors Square Blvd. #101
Miami Lakes, FL 33016
305-722-2663
5-2149/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the perfonnance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
hamsless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§B The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable uttomey's fees provided under Section 7.3,
and the amount of this Bond shall be credited for ony payments made in good faith by the Surely.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to selisfy claims,if any,under any contraction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree
that all Ponds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owners priority to use the funds for the completion of the work. ,
5-2149/AS 6/10
§101hc Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract
The Owner shall not be liable for the payment of any costs or expenses of any Claimant underthis Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§12 No suitor action shall be commenced by a Claimant under this Bond other than in a court of competentjuriadiction in the state in which the
project that is the subject of the Constmction Coatractis located or after the expiration of one year from the date(I)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(I)or(2)first occurs.lithe provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here@om and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shell be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person orentity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.6 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractoror with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that pan of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien maybe asserted in thejurisdiction where the
labor,materials or equipment were furnished.
§16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and altehmgesmade to the agreement and the Contract Documents.
5.21491AS13n0
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material teens of the Construction Contact.
§16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the tens Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Convector.
§18 Modifications to this bond are as follows:
The provisions and limitations of Section 255.05 Florida Statutes.
including but not limited to the notice and time limitations in
Sections 255.05(2) and 255.05(10). are incorporated in this bond
by reference.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Cmyorate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-2149IAS8/10
Travelers Casualty and Surety Company of America
.�. Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint JOSEPH P NIELSON ofMIAMI LAKES
Florida ,their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds. recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February,
2017.
*tit 4.01.10
State of Connecticut
By: v/ll�.z. —
City of Hartford ss. Robert L.Raney,Sefffififilllllfbbr Vice President
On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St.Paul Fire and Marine Insurance Company,and
that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof,I hereunto set my hand and official seal. 4.0-TIT
My Commission expires the 30th day of June,2021 "fu-b•
a Mane C.Tetreault,Notary Public
Wr�ur
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,which resolutions are now in
fill force and effect,reading as follows:
RESOLVED,that the Chairman, the President.any Vice Chairman, any Executive Vice President, any Senior Vice President,any Vice President, any
Second Vice President.the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a
bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal,if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only
of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company,and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 29th day of May ,2020
w
z Kevin E.Hughes,Assi tent Secretary
To verify the authenticity of this Power of Attorney,please call us at 1-8OO-421-38SO.
Please refer to the above-named Attorney-in-fact and the details of the bond to which the power Is atadhed