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02/17/2021 Agreement °- Kevin Madok, CPA 3,. Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: February 23, 2021 TO: Bed, Leta, Airports Business Manager, KWIA FROM: Pamela G. Hann � . SUBJECT: February 17th BOCC Meeting Attached is an electronic copy of the following item for your handling: J7 Contract with Pedro Falcon Contractors, Inc., in the amount of$55.5,787.001or die Florida Keys Marathon International Airport Security Site Lighting Rehabilitation Project. 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 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual S E C T I O N D CONTRACT Security Site Lighting Rehabilitation Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the 17th day of February 2021 by and between Pedro Falcon Contractors, Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Security Site Lighting Rehabilitation Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within one hundred twenty(120) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of Five hudred fifty-five thousand seven hundred eighty-seven Dollars ($555,787.00 ) 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various CONTRACT ll-1 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. 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. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 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, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance CONTRACT 11-2 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public CONTRACT 11-3 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual 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. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, RADLEY- RIANCc ONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 10. HOLD HARMLESS AND INSURANCE: 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 (including, without limitation, costs of remediation and costs of additional security measures that t h e Federal Aviation Administration , the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, CONTRACT 11-4 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual attorneys' fees and costs, court costs, fines and penalties) 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 on the Airport during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, 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). 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 the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 10. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. CONTRACT 11-5 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual 11. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 12. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Beth Leto, CPM Deputy Director, Airport Finance &Admin. Key West International Airport 3491 South Roosevelt Blvd. Key West, FI. 33040 FOR CONTRACTOR: Pedro Falcon Contractors, Inc. Christian Brisson 31160 Avenue C Big Pine Key, FI. 33043 13. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 14. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and CONTRACT 11-6 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 15. SEVERABI LITY: 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. 16. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 17. 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 COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 18. 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. 19. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. CONTRACT 11-7 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual 20. 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. 21. 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. 22. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 23. 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. 24. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 25. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. CONTRACT 11-8 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual 26. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VI I I of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. CONTRACT 11-9 Florida Keys Marathon International Airport I0/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and date first above written in two (2) counterparts, each of which shall, without proof or accounting for the other counterpart, be deemed an original contract. ` �1//1'� �l i /1 _ 3\ Pedro Falcon Contractors, Inc Awl, '' �� 1/�'f�(,(�,t,♦r,p` (Contractor) (Monroe County Board of /f/ — Commissioners) By: �� - `�C/ By ,_-, _�. Christian Brisson „T ,', ' '"T v 't. elle Coldiron 3B;es Title: as President ,;:�;_ Pre OM' itru ;I.. i" ADOK, ?LERK WITNESS: .d dldl DO • ' •eputy Jerk ATTORNEY NROE COUNTY AT NOTARIAL JURAT RDYE FORM STATE OF: Fie`Y/eJJ �ASSI F NTY ATTORNEY Date 1/29/21 COUNTY OF: /} in frC3 'L Subscribed and sworn to (or affirmed before me, by means of physical presence or❑ online notarization, on O f rn ey cv0 ra'1l I (date) by rref-Iii2& i'.c C 1f] (name of affiant). BeiShe is pet/sonally_knnwn to me or has produced (type of id n 'f4fiRYF �C as idessKEuvtunIf;•' vtco NlsSlokfcot[ yi E%' ES:Jue12,2d Beds]lbw Ne1lyPddctht t 1 a *Who is authorized by the corporation to execute this contract. _n m w - N T CO —7 D = rrr c,. 0 N o 4T CONTRACT I1-10 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual INTENTIONALLY LEFT BLANK CONTRACT 11-11 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual SECTION DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: Pedro Falcon Contractors,Inc. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this4 wi I' full with the above requirements. Bidder's Signature Date: December 08, 2020 BIDDING REQUIREMENTS AND CONTRACT FORMS I-25 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for Florida Keys Marathon International Airport Monroe County Security Site Lighting 2. This sworn statement is submitted by Pedro Falcon Contractors, Inc. (name of entity submitting sworn statement) whose business address is 31160 Avenue C, Big Pine Key, FL 33043 and (if applicable) its Federal Employer Identification Number(FEIN) is:59-2550231 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: N/A ) 3. My name is Christian Brisson and (please print name of individual signing) my relationship to the entity named above is as President, Director, Secretary 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) X Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The BIDDING REQUIREMENTS AND CONTRACT FORMS I-38 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: Christian Brisson as President December 08,2020 Title Date NOTARIAL JURAT STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of 0/physical presence or 0 online notarization, on Dec. 08, 2020 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of i ratification) as identification. NOTARY P BLIC A&TO CoWnion#GG2WIS x� * E)pires:April 22 2022 ot�` Bonded tlxu Aarai un,,,. BIDDING REQUIREMENTS AND CONTRACT FORMS I-39 Florida Keys Marathon International Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pedro Falcon Contractors, Inc. 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. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 10-1990. 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: December 08,2020 NOTARIAL.JURAT STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of Clphysical presence or O online notarization, on December 08 2020 (date) by Christian Brisson (name of affiant). H /She„ ! l#y,known,to me®r has produced (type of identification) as identification. NOT RY uauc 22,2022 Ac �r MnI +�®0jrri7ioo `P`` t � BIDDING REQUIREMENTS AND CONTRACT FORMS I-40 Florida Keys Marathon international Airport 10/2020 Monroe County Security Site Lighting Rehabilitation Bid Documents Project Manual SECTION Q NON-COLLUSION AFFIDAVIT l Christian Brisson , of the city of Big Pine Key according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am as President of the firm of Pedro Falcon Contractors,Inc. the bidder making the bid proposal for the project described in the Notice for Calling for bids for: Security Site Lighting Rehabilitation and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Mon r ty relies upon the truth of the statements contained in this affidavit in 'Pontrac for said project. December 08 2020 rSig4natuf the Bidder) (Date) NOTARIAL JURAT STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to(or affirmed) before me, by means of I 'physical presence or® online notarization, on December 08,2020 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of i entification) as ident'ficat . NOTARY PU LIC BIDDING REQUIREMENTS AND CONTRACT FORMS ,, + KW*mA 2 � 's f*� itsbi►�''a. td 3 s:Aifrii fir. wed bu As= 4de cell aN a°®°` Doc#2300713 Bk#3070 Pg#2243 Nielson, Hoover&Associates Recorded 1t'25/2031 10:00 AM Page 1 of 11 Bond Department Filed and Recorded in Official Records of Public Works Bond IONROE COUNTY KEVINN NLkM1c,CpA In compliance with Florida Statutes 255.05(i)(a) Bond No. 107344617 Contractor Pedro Falcon Contractors, Inc. Address 31i6o 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 o6183 Phone No. (860) 277-0111 Owner Name Monroe County Board of County Commissioners Address 500 Whitehead Street Ivey West, FL 33043 Phone Number (305) 8724678 Contract/Project No. Project Name Security Site Lighting Rehabilitation @ Florida Keys Marathon International Airport Project Location Marathon,FL Legal Description and/or g000 Overseas Highway, Marathon, FL 33050 Street Address Description of Work Rehabilitation Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s)that may be preprinted thereon. Bond No. 107344617 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (fame,legal status and principal place of huslness) Pedro Falcon Electrical Contractors, Inc. Travelers Casualty and Surety Company of America 31160 Avenue C One Tower Square This document has important legal 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: Amount:$ 555,787.00 Five Hundred Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 00/100 Description: (Vane and location) Security Site Lighting Rehabilitation @ Florida Keys Marathon International Airport BOND Date: (Not earlier than Consinrction Contract Date) Amount:S 555,787.00 Five Hundred Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 00/100 Modifications to this Bond: ] None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corrate Seal) Pedro Falcon Elegtr l"C-6ht actors, Inc. Travelers Casualty and Suret CompaAy of erica Air Signatu Signature: NameJ'7 r Name Josep isle - and Title and Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR 1jVF0PjW TION 0&Y—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 8110 §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 Surety 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 Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time 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 Contract and notifies the Surety;and .3 the Owner has 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: §6.1 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; §6.3 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 the 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. §6 If the 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 part,without further notice the Owner shall be entitled to en force any remedy available to the Owner. 8-18521AS 8I10 §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 costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the 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. §9 The Surely 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 Construction 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 of the 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 conforming 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 Contract 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 behalFof the Contractor under the Construction Contract. §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. S-1852/AS 8/10 §IS Modifications to this bond are as follows: (Space is provlded below for additional signatio es 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 8-1852/AS 8/10 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ 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. 0EECONN, .0 Co. State of Connecticut By: r City of Hartford ss. Robert L.Raney,Sefrlbr 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. My Commission expires the 30th day of June,2021 Qly.Jt. C J� 0 Marie C.Tetreault,Notary Public 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 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 Attomeys-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. I, 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 day of , ca, + it " xmxrra Mm, C W +. ok Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880 Please refer to the abo ve-named Attorney-in-Fact and the details of the bond to which the power is attached. Bond No. 107344617 Document A312 TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Name,legal status and address) (Nance,legal stairs and principal place of business) 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 modificatldn. OWNER: Hartford, CT 06183 Any singular reference to (Name,legal status and address) Contractor,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: Amount:$555,787.00 Five Hundred Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 00/100 Description: (Name and location) Security Site Lighting Rehabilitation @ Florida Keys Marathon International Airport BOND Date: (trot earlier than Construction Contract Date) Amount:$555,787.00 Five Hundred Fifty Five Thousand Seven Hundred Eighty Seven Dollars and 00/100 Modifications to this Bond: None XD See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corp •ale Seal) Pedro Falcon Electric .,Contwtors, Inc. Travelers Casualty an Company f merica .,r Signature: _ Signature: Namoo, " � 'z c + ) Name Jt+sepft P. Niel On and"Mille � n and Title: Attorney-in-Fact (Any,additional signatures appear on the last page of this Payment Bond.) (FOR INFOR AT1OjV ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer orotherparty:) 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 305-722-2663 S-21491AS 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 performance 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 harmless the Owner against a duly tendered claim,demand,lien or suit. §6 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). §6.2 Claimants,who are 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. §8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §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 satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds 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 Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this 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 suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract-is located or after the expiration of one year from the date(1)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(1)or(2)first occurs.If the provisions of this Paragraph arc void or prohibited by lativ,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 herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so famished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §16 Upon request by any person or entity 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 famished; .6 the date on which the Claimant last performed labor or last famished 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 famished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 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 Contractor or with a subcontractor of the Contractor to firnish 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 part 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 may be asserted in the jurisdiction where the labor,materials or equipment were famished. §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149JAS 8110 §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 terms of the Construction Contract. §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 term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: t provisions and limitations.-of Section 255.05 Floridato ute including but not limited'to the notice and time limitations i Sections 255.05(2) 2 5. 5(I )Q am incorporated in this n y reference. (Space Is provided below for additional signattares of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Ca porate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-2149/AS 8/10 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERSJ 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. � ivara�. �gw4�i anu t � State of Connecticut y x By: ? " City of Hartford ss. Robert L.Raney,Sefit r 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. ii?t My Commission expires the 30th day of June,2021 Qom• C �� * *te� Marie C,Tetreault,Notary Public 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 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. I, 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 day of , 4Q1A tc �. a o� O tub x MtWT Got a COW, Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. 0 DATE(MMIDDIYYYY) A - CERTIFICATE OF LIABILITY INSURANCE 1/20/2021 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 407 647-1616 FAX No:(407 628-1635 1020 N. Orlando Avenue, Suite 200 AIC No Ext: ( ) ) Maitland FL 32751 ADODRESS: mrushing@bmbinc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:AmerlSure Insurance Company 19488 INSURED PEDROFALCO INSURERB:AmerlSure Mutual Insurance Company 23396 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURERC: Big Pine Key FL 33043-4516 INSURER D 7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:209418346 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y GL209294106 11/2/2020 11/2/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 Approved Risk Management MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC 1-27-2021 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA209293905 11/2/2020 11/2/2021 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B X UMBRELLA LIAB X OCCUR Y Y CU209294206 11/2/2020 11/2/2021 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y WC209452606 11/2/2020 11/2/2021 X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com When required by written contract,those parties listed in said contract, including the Certificate Holder,are added as additional insureds with respect to the General Liability including ongoing and completed operations,Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: A ■" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette& Britt of Florida, LLC Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C POLICY NUMBER Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract,including the Certificate Holder. The General Liability and Umbrella Liability certified herein are primary and non-contributory to other insurance available, but only to the extent required by written contract. Project: Florida Keys Marathon International Airport-Security Site Lighting Rehabilitation 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 [TCAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT — FORM A This endorsement modifies insurance provided under the fo|/mwing� COMMERCIAL GENERAL LIABILITY COVERAGE PART olicy Number Agency Number Policy Effective Date 11/2/2020 Policy Expiration Date Date Account Number Named Insured Agency Issuing Company 1. a. SECTION U~WHO IS AN INSURED is emended to add as an additional insured any person or organization: <1) Whom you are required to add asmnadditional insured on this policy under awritten contract or written agreement relating /o your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance, h. The written contract, written agreement. or certificate of insurance must: (1) Require additional insured status for a tirne period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or"personal and advertising injury" leading toa claim under this policy, c. If, however: {1} "Your wok"began under s letter cd intent o/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; wc will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited asfollows. a. That person ororganization is an additional insured only with respect to liability caused, in whole orin part, by: (1) Premises you: (a)Own� (b) Ren (c) Lease� or k#0ccupy: (2) Ongoing operations performed by you prun your behalf. Ongoing operations does not apply hm "bodily inj�ury'or"properly damage"Occurring after: includes copyrighted material of insurance Services Office. Inc. CG 70 48 10 15 Pages 1 of Policy#GL209294106 Effective Dates: 1112/2020-11/2/2021 (a) All work to be performed by you or on your behalf for the additional insureds)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 CIS 20 10 10 01: or (b) Additional Insured—Owners, Lessees or Contractors—Completed Operations endorsement CG 20371001-, 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 2.a,(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.(11)(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 48 10 15 Policy#GL209294106 Effective Dates: 11/2/2020-11/2/2021 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 architect's, engineer's, or surveyor's render ng 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 TV—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, i. If the written contract,written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 10 11 85, then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is 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 GFNFPAI-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 11) is amended to include as an insured the person or organization shown in the Schedule. but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of insurance Services Office, Inc. CG 70 48 10 15 Pages 3 of 4 Policy#GL209294106 Effective Dates: 1112/2020-11/2/2021 j. The, insurance provided by this endorsement does not apply to any premises or work for which the person or orgarization is specifically listed as an additional insured on another endorsement attached to this poky, includes copyrighted material of Insurance Services Office, Inc. Page 4 of 4 CG 70 48 10 15 Policy#GL209294106 Effective Dates: 1 1/2/2020-1 1/21202 1 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 for 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 defect 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 2 of 11 CG 72 89 0417 Poiny9GL2UQ3Q41U8 EffouUva Dates: 11/2/2D2O'11/2/2O31 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 aa soon ao practicable after its discovery. However, this provision does not affect our right tncollect additional premium or exercise our right of cancellation ornonrenewa|, 18. TRANSFER OP RIGHTS(BLANKET WAIVER OFSUBROGATION) Paragraph 0`Transfer of Rights Of Recovery Against Others To Umiadeleted and replaced with the following: 8. |f the insured has rights to recover all or part of any payment wa have made under this Coverage Form, those rights are transferred tous. The insured must do nothing after loss to impair them. A1 our request, theiwmuredvviNbring ^mui['n/iramnferthnnehQhtshounandhe|punenfo/meihem. However, |fthe 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. l&. MOBILE EQUIPMENT REDEFINED Under SECTION V—DEFINITIONS, paragraph 12. "Mobile equipment'.paragraph f. (1)does not apply to self-propelled vehicles N less than 1.OU0 pounds gross vehicle weight. 20. ADDITIONAL DEFINITIONS 1' SECTION V—DEFINITIONS, paragraph 4-"Coverage territory"ia 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 inmured'a responsibility to pay damages is determined ina settlement to which we agree orina~muit"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 kmovvmorouopecteddefect, deMciency, imadequmcy. ordangerousomndidonin''yourpmduut~haa 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 ur withdrawal of"your product"for: e. 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,tm perform necessary tasks; e. Rental of necessary additional warehouse or storage space; [ Packaging oyo/\ruompmriai|umo/shipping n/defective products io the location you designate; and g. Disposal of'your products"that cannot bereused. 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 demaQe" Includes copyrighted material of Insurance Services Office, Inc. CG 72890417 Page 0of11 Policy#CA209293905 Effective Dates: 11/212020-11/2/2021 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 p-ovided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is 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 it 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 11 -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 1°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 contract or agreement is executed or the permit is issued prior to the"bodily injury" or"property damage"� Includes copyrighted material of Insurance Service-,Office, Inc. CA 71 7105 06 Page 1 of 6 Policy#CA209293905 Effective Dates: 11/2/2020-11/2/2021 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 wi]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.5.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 cu-s'omary 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 4 of 6 CA 71 7105 08 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 lEcl, 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. JThis 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 287.150(6)of the Missouri Statues, a contractual provision purporting to waive subrogation rights is against public policy and void where ofne party to the contract is an employer in the construction group of codc. 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 11/2/2020 Policy No WC209452606 Endorsement No. Insured Pedro Falcon Electrical Contractors, Inc. Premium Insurance Company Amerisure Insurance Co. Countersigned by WC 00 03 13 Hart Forms&serv�r- (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. 'geardo,No 14-4888 Pn|ioy#CU2U92Q4JO0 Effective 11/�/2O20-11/2/2O21 - COMMERCIAL LIABILITY UMBRELLA CW0D010413 �=��~U��U LIABILITY UU��U U J� �~��0�� uru�*m��.��~.r�� "°.�°.~�~��~"~ ~~�� ~-"��~==�~ FORM Various provisions in this policy restrict coverage. No other obligation or liability to pay sums or Read the entire policy carefully to determine hghts' perform acts or services is covered unless duties and what|s and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your Paymen/s -CnveragesAandB. refer yo the Named insured shown in the Declarations, hi. 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 pm/icy, The vvv,ds "we", applicable "retained |imi\" If any other limit, "us" and 'bu/' ,char to the company providing this such as a sub|im,it, is specified in the insurance. "underlying insunance^. this insurance does not The word ^insured' means n or apply to "bodily injury" or "property damage' - ~ --- ahs�gou� oft�a� exposureun|ess �h�� |im� is qualifying as such under Section |) - Who Is An insured. specified in the Declarations under the other words and phrases that appear in quotation Schedule of"underlying imsmoanme^ marks have special meaning. Refer to Section V - c' This insurance applies to "bodily injury" and Definitions. "property damage"only if: SECT|ON |-COVERAGES (1) The "bodily injury" or "property damage" is caused byam ~uccurnance~ that takes place COVERAGE A-BODILY INJURY AND PROPERTY in the"coverage tcrritory~; DAMAGE LIABILITY (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior 8zthe policy period, no insured listed ,.ultimate net loss" in excess of the ~retained under Paragraph 1.a. of Section Q-VVho is limit" because of "bodily injury" or "property An Insuredand 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 ^mccurnance^ orclaim, knew that the "bodily insured against any "suit" seeking damages for injury~ or "property damaga" had occurred, such czoomy injury"or "property damage" when in whole or in part. If such a listed insured the "underlying insurance" does not provide or authorized '\empiuyee" hnew, prior to the coverage or the limits uf"underlying insurance" policy pcho6, that the "bodily injury^ or have been exhausted. When we have no duty '.property damage" occurred, {hen any to defend, we will have the right to d*fund, 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 �°iN be deemed to which this insurance may apply. Muvvever, we have been 6mmmn prior«mthe policy period. will have no duty to defend the insured against � "Bodily injury" or "property damage" which any ^svit'' seekingdanna�esfnr ^bodi|yi�u�� ' or "property damaye" to which this insurance occurs during the policy period and was not, prior 10 the policy period, known �v have dues not apply. 81 our discnetion, we may ` investigate any "occurrence" that may involve occurred by any insured listed under this insurance and settle any resultant claim or Paragraph I.a. of Section || - Who Is An ^su["suit" for which we have the duty to defend. Insured v,any''emp|oyee^'authorized by you «o -But: give o, receive notice of an "occurrence"co^ or daim, includes any continuation, change or (1) The amount wewill pay for the "ultimate net resumption of that "bodily injury" vr "property loss" /s limited as described in Section III- damage" after the end uƒthe policy period. Limits Of Insurance;and (2) Our right and duty to defend ends when wr have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages AorB. CUV80t 04 13 Oc |nsunamce Services Office, |oc-2012 Page 1 of 18 <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 (m) With respect to liability arising out ofthe company). c"a lessee vr borrower ur any of maintenance or use of that pruperty� their 'emp|oyees''. while moving property to and mr from a "covered auto' (b) Until your legal representative has been (5) 8 partner (if you are a paMmorshiW, o/ a appointed. member (if you are a limited liability W0 Your legal representad company) for a "covered auto~ owned by e/ orm m�mbe/ nfhis or her with respect to duties . him or es a� such That '' representativehousehold, duties under this Coverage Part. (6) "Employees" with respect to "bodily injury" c. Any organization you newlyacquire or fonn, to: other than a partnership,joint venture u,limited (m) Any fellow ''emp|uycc^ ofthe insured liability comnpany, and over which you maintain arising out of and in the course of the ownership or majority interest, will qualify a fellow ^emnp|oyea'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 busincss� or However: <tV The spmuse, ch||6, parent, brother or (1) Coverage under this provision is afforded sister of that hc||ow ''empioyee" as a only until the 90dh day after you acquire o, consequence of Paragraph (a) above, form the organization or the end of the c. Anyone liable for ,he conduct of an insured policy period,whichever isearlier; described above im also mm insured, but only \o (2) Coverage A does not apply 1n "bodily inju@/^ the extent of that liability. or "property damage" that occurred before 3. Any additional insured under any policy of you acquired or formed the onganizadom "underlying insurance" will automatically be an and insured under this insurance. (3) Coverage B does not apply to "personal Subject to Section U| — Limits Of |osurance, if and advertising injury" arising out of an coverage provided to the additional insured is offense committed behove 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 ufinsurance: ownership, maintenance or use of ''covered a. Required by the cwm1nsc\ or agreement, less autos": any amounts payable by any "underlying a. You are aninsured. insurance"; or b. Anyone else while using with your permission a b. Available under the applicable Limits of ''covered auto" you owm, hire or borrow is also Insurance shown in the Declarations; an insured except: whichever isless. (1) The owner or anyone else from whom you Additional insured coverage provided by this hire or borrow a "covered auuo" This insurance will not be broader than coverage exception dues not apply if the "covered provided by the "underlying insunance''. auto" is a trailer or semitrailer connected to No person or organization is an insured with respect a "covered auto"you own. (o the conduct of any current or past partnership,joint (Z) Your ~employee" if the "covered auto' is venture or limited liability company that is not shown owned by that "e,np|o^ye" or a member of as a Named insured in the Declarations. his n,her household. (3) Someone using "covered auto" while he ur she is working ina business mfselling, semicing, oepairimg, parking o, storing ^au8us~ unless that business isyours, CVO0Q1V413 0 Insurance Services Office, |mc..201Z Page 11pf18 (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 vvit� us in the investigation or 6. Premium Audit settlement of the claim or defense against a- We will compute all premiums for this the^soit^� and ' Coverage Pan in accordance with our rules (4) Assist us, upon our request, in the aodn*,+s. 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 0n which this insurance may also apply. compute the earned premium for that period d. No insured will, except at that imsu/ed^s own and send notice to the first Named Insured, cost, voluntarily make a payment, assume any The due date for audit and retrospective ob|igadon, u/incur any expense, other than for premiums is the date shown as the due date first aid, without our consent. on the bill. |f the sum mf 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 orotherwise bring us into the information we need for premium a"suit"asking for damages from an insured:o/ 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 v,organization may sue usto recover on By accepting this policy,you agree: an agreed settlement or on m final judgment against an insured; but we will �not be liable for ' 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 uf insurance. Am agreed settlement representations you made tous: 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. O@her|nsurance as it relates |othis policy o, any claim under o. This insurance is excess over, and shall not this policy. contribute with any of the other insurance' 0^ Separation OfInsureds whether primary, excess. contingent mron any Except with respect t�oth� Limits i�� of|nsurancc other basis, This condition will m�� apply to , ' and insurance specifically written as excess over any rights o/ dudes 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 o, B to defend the a. As it each Named Insured were the only insured against any "suit" if 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 dehends, we will is made o,^suArisbrought. undertake to do az but we will be cnbt�� hr �� Transfer Of Rights Of Recovery Against Others the imsurcd`s rights against all those other To Us insurers. If the insured has rights to recover all or part of b` When this insurance is excess over other insurance, we will pay only our share of the any payment we have made under this Coverage "ultimate net loss"that exceeds the sum of: Part, those rights are transferred to us. The insured must do nothing after loss to impair them. (7) 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 Pa��and CU 00010413 (0|nsurance Services Office, |nc-2012 Page 13 of18 Policy#CU209294206 Effective Dates: 11/212020-111212021 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 11—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 08 10 Policy#GL209294106 Effective Dates: 11/2/2020-11/2/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, 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 OPERAT]ONS 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. Nonrenewaf; or c. Material change reducing or restricting coverage;and 4. Is on file at your agent or brcker's office for this policy IL 70 74 01 16 Policy# Effective Dates: 11/2/3O2O'11/2/3O21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. NOTICE OF CANCELLATION,ATI ON NONRENEWAN OR MATERIAL CHANGE — THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTD PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM pRODU[TSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject,o the cance||a6on and/or nonrenewa| provisions uf the Coverage Form tn which this endorsement is attached,wewill not: 1. Cancel-, 2. Nunnenew� oc 3. Materially change (reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at least days written notice af such cance||adon, nonrenewa|or material change.Written no/ice will be to the person o,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 endo,sement, 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 hind upon us. This endorsement does not entitle the person or organization named in the Schedule to any benefito, rights or protection under this Coverage Form. SCHEDULE Name Of Person O,Organization Mailing Address Any person or organization ho|ding 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. Nmnreoewa|; or c, Material change reducing or restricting coverage; will be provided to that person or organization; 1 |sin effect at the time ufdhe� a. Cancellation-I b- Nonrenowa|: or c Material change reducing nr restricting coverage; and 4 Is on 0e ag your agent or broker's office for this policy |L7O74O1 16 Policy#WC209452606 Effective Dates: 11/212020-11/2/2021 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 Orgamzation 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 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 o, 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 11CU209294206 Effective Dates: 11/2/2020-11/2/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION, 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 charge(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 natice of: a.Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage: will be provided to that person or organization; 1 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 01 16