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12/08/2021 Agreement GJo OOURr4,�11 as °-... ,, Kevin Madok, CPA ql v-2 -1. { _> Clerk of the Circuit Court& Comptroller—Monroe County, Florida 1 % 0 CO:1•0:_ DATE: December 16, 2021 TO: Breanne Erickson, Contract/Budget Administrator Project Management Stan Thompson, Contract Administrator Project Management FROM: Pamela G. Hanc .C. SUBJECT: December 8th BOCC Meeting Attached is an electronic copy of the following item for your handling: V6 Agreement with Pedro Falcon Contractors, Inc. for the reduced scope Rockland Key temporary Monroe County Fleet Garage Build Out in the amount of$452,600.00.This project is funded by the One Cent Infrastructure Sales Tax. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 8t" day of December 2021 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 For the following Project: ROCKLAND KEY TEMPORARY MONROE COUNTY FLEET GARAGE BUILD OUT - REDUCED SCOPE Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. Scope of work shall include the following: 1. 4 sets of test cylinder for concrete testing. 2. Temporary toilets. (Ports Potty). 3. Monroe County Building Department permit fees. 4. Supervision. 5. Demolition of existing concrete wall to install for door#102 on the north face. Page 1 of 19 6. Demolition of existing wire and grills for new exhaust fans near roof line (4 ea). 7. Rebar/form/pour concrete for new overhead doors #101 and 103. 8. Rebar/form/pour concrete for new pedestrian door #102. 9. Patch around exhaust fans. 10. Furnish and install electric overhead doors #101 and 103. 11. Furnish and install pedestrian doors#102, #104 and #105 including frame and hardware as specified. 12. Furnish and install (1) — 6" Aluminum drainable blades louver, 84" x 107" (12" two stacked section) manufactured by American Warming & Ventilating. 13. Furnish and install (1) — 6" Aluminum drainable blades louver, 48" x 107" (15" two stacked section) manufactured by American Warming & Ventilating. 14. Furnish and install caulking around louvers L2 and L5. 15. Furnish and apply paint to doors and frames on door#102, #104, and #105. 16. Furnish and install exhaust fans EF-1 through EF-4. 17. Furnish and install CO sensors. 18. Design, furnish and install Fire alarm system. 19. Furnish and install lighting per the revised lighting package as listed below: a. 11 ea 350006-NW-US, Lepro b. 6 ea LBL4W7000LMHE 80 CRI 40K c. 1 ea FMLWL48 840, Lithonia d. 3 ea DSXW2 30C 1000 40K TEM MVOLT BBW PE DDBXD e. 2 ea LVPT-4-WS60-4000K U, Halco f. 6 ea Emergency Battery Backup LED Light ELM41- SDRT, Lithonia g. 5 ea Emergency Battery Backup LED Light WLTU GY MR, Lithonia h. 1 ea Thermoplastic LED Exit Sign with Internal Battery Pack — EXR LED EL M6, Lithonia i. 2 ea Thermoplastic LED Exit Sign with Internal Battery Pack—Wet Location —WLTE W 2 R TP SD, Lithonia 20. Furnish and install gear, distribution panels (AIC 10,000), disconnects and generator docking station NEMA 3R. 21. Furnish and install branch circuits including conduit, boxes, wires. Page 2 of 19 22. Furnish and install site perimeter chain-link fence and gates as shown on drawings. 23. Furnish and install three hose bibs, 10 feet off the ground inside the garage bay. These three hose bibs will be connected from an existing water source already in the garage bay. 24. Furnish and install cold water line only to a temporary office/bathroom trailer that will be located on the interior west side of garage bay. 25. Furnish and install power (200 Amp) for temporary office/bathroom trailer that will be located on the interior west side of garage bay. 26. Furnish and install sewer connection from new temporary trailer within 20 linear feet of the exterior North wall. Contractor assumes the exterior underground sewer pipe is in good working condition. 27. Furnish and install 8" CMU wall South elevation to completely fill in opening for the purpose of installing a L5 louver in the center upper section. See enclosed sketch. 28. Furnish and install 8" CMU wall East elevation to completely fill in opening for the purpose of installing the L2 louver in the center upper section. See enclosed sketch. 29. Saw cut, chip and repair one rough area of the existing slab using SikaQuick 1000. Area in questions is approximately 12'-0" x 7'-0" x 1"- thick. 30. Install expanded mesh on the two existing door openings to secure the garage bay. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A Page 3 of 19 ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Forty-Five (45) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to the County as the Owner's Representative may determine. Page 4 of 19 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Four Hundred Fifty-Two Thousand Six Hundred and /100 Dollars ($452,600.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less Page 5 of 19 retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a), Florida Statutes. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). Page 6 of 19 B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: Page 7 of 19 a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event Page 8 of 19 that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. Page 9 of 19 i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Page 10 of 19 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Employment or Retention of Former County Officers or Employees. Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Monroe County Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Monroe County Ordinance No. 020-1990. 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. o) 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 Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 11 of 19 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Page 12 of 19 p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) 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. r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. s) 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. t) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. u) 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. v) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Page 13 of 19 w) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. x) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the Page 14 of 19 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. bb) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. dd) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 15 of 19 For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President 31160 Avenue C Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been Page 16 of 19 placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Contractor shall follow modified architectural construction document specifications by William P. Horn Architect, PA., dated 8/2/21 attached as Exhibit A. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 09/24/2021 1 2 10/22/2021 1 3 10/22/2021 71 4 10/25/2021 1 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. Page 17 of 19 . __.. xe�,• ��b the Contractor must be by a person with authority to bind the entity. ' =• S G A? R ieltF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. jtm ,"— BOARD OF COUNTY COMMISSIONERS )s it v o -_ tt:LA in adok, Clerk OF MONROE COUN , FLORIDA Lh.Y NI THE By. By: _ As epuly Clerk Mayor/Chairman Date_ L I y'/ MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM ANTCOUNTY'ATTORNEY DATE: 11-29-2021 CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON Contractor must provide two witnesses CONTRACTO o signatures i :!!Sgnatu ,, - Signature:`4rieble�idal z S Print Name:�:IHal5UAN 4i i _J Print Name:: (5)10-rif1 (11`u) r Title: li5 pReS1.t3wat/r Date:: l'as! o 3/ a 3I Date: /2/n.3/10 a and La Signature _ L VVV _ N —.• Print Name -e_641Qt1t•e iAl-2.9 r-- t•-,, Fri 44 Date:- 121 3 I 2-1 FriCrl r c _ STATE OF 10( \ pp ,^, ,:COUNTY OF- C)fl`( Q- �� ; r., CJ- On this. 3 day ora 4 2001 before me, the undersigned-notary pubes, 7.7 b . means of, 1 . physical presence or 0 online, personally appeared ( )\riS 4(L 13(Y\ (name of affiant):known to me-to be the person:whose name is subscribed above or who produced _ . - _ -as identification; and'acknowledged that he/she is the person who executed the above contract with Monroe County for Rockland Key Temporary Monroe County Fleet Garage Build Out - Reduced Scope for the purposes therein containe Notary PublirTh 0 0,,,- SHELLY HITT Print Name ,(:( -;k ;ti MY COMMISSION#GG 212827 Wialr-I3 r ^1: EXPIRES:June 12,2022 My commission expires: ' .•fc ai3)ndedThru Notary:Public Undetwiiters Page 18 of 19 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 19 EXHIBIT A SCOPE OF WORK DRAWINGS AS MODIFIED BY"REVISION #2 REDUCED SCOPE OF WORK" PROPOSAL z o ono o p- LL z z z ¢u � � � � � H x o o x w w s wN wy A A A A A A d 0 — a r �J a z�pz�m��gag d4 - xOD�UF �� O�p pp=tU }v G] Oyu 2y� O�yyy �U]'x t ilf F o0 C7 o��Oz�a°°oo 0 [[-mo¢o3 33 C� W s' o 8� x o 0 0 0 z o ono 0 0_ LL -_____________ sa�vd s s -� d3u a� aoom sew x aooa 0 eye �a � J am^ 1NINIAVd F' ■ �� Lid NdSV ci -] II 03HS DOOM Sd3i5 3 009 � Moo 1 = J I I O � � sa loa aooa o ou I o I LL N z� w I z z o0 I . 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The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowleq@e ib sald"project., November 4, 2021 (Signature of Proposer) (Date) STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online rota' tion, on °wov_cfmb�'L (date) !r r by / (name of affiant). He/She is per° orlll known to me or has produced (type of identification) as identification. h ly SHELLY HITf 3 ,. MY COMMISSION#GG 212827 . OTARY P UBOC = EXPIRES:June 12,2022 Bonded Thru o.ry Public Underwriters - — - My commission expires: Ll�_ PROPOSAL FORM 00120-Page 30 of 218 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pedro Falcon Contractors, Inc. „ (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee", (Signature) Date: November 4, 2021 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on '� (date) f T d` by I + (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. Al- SHELLY HITT MY COMMISSION#GG 212827 OTARY PU IC EXPIRES:June 12,2022 Bonded Thru Notary Public Underwrfters T. /" My commission expires: /�c) �3 PROPOSAL FORM 00120- Page 31 of 218 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Pedro Falcon Contractors, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm, complies�ful�ly,w°h the above requirements. Proposer's Signature November 4, 2021 Date STATE OF: Florida COUNTY OF; Monroe Subscribed and sworn to (or affirmed) before me, Py means of ysical presence or❑ online notarization, on (date) by _ r' CJ (name of affiant). He/She is personally known to me or has produced (type of identification) �,r 7IR ITT -� MY #GG 212827 ,,' 12,2022 ` [iondblic Underwriters NOTARY PU (SE My commission expires.4,2 /UbD PROPOSAL FORM 00120-Page 32 of 218 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." have read the above and state that neither Pedro Falcon Contractors, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. r (Signature) Date: November 4, 2021 STATE OF: Florida COUNTY OF: Monroe Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online notarization, on (date) b (name of affiant). He/She is ptLsonally kno a or has produced (type of identification) as identification. rr OTARY PU IC SL)� SHELLY .ri ( , Hlrr My commission expires: � " MY COMMISSION#GG 212827 P EXPIRES:June 12,2022 Bonded Thru Natnry�Public Underwriters PROPOSAL FORM 00120-Page 34 of 218 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Rockland Key Temporary Monroe County Fleet Garage Build Out Respondent Vendor Name: Pedro Falcon Contractors, Inc. Vendor FEIN: 59-2550231 Vendor's Authorized Representative Name and Title: Christian Brisson, as President Address: 31160 Avenue C City: Big Pine Key State: Florida Zip: 33043 Phone Number (305) 872-22 0 Email Address: cbCpedrofalcon.corn .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Christian Brisson who is authorized to sign on behalf of the above r Ier rib' comaar�r� Authorized Signature: ~ Print Name: Christian sson Title: as President Note: The List are available at the following Department of Management Services Site: https//w�vw.c�ns.myflorida.cotn/business opj atlon /state purchasing/vendor information/convicted suso ended discriminatory con Ia olts vendor lists PROPOSAL FORM 00120-Page 35 of 218 Bond No. 107521946 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (Name,legal slants and address) (Arame,legal stat+rs and principal place of business) 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.Consullatlon with Big Pine Key, FL 33043 Mailing Address for Notices an attorney Is encouraged with respect to Its completion or (Same as Above) modlficatlon. OWNER: Any singular reference to (Name,legal scants 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: December 8, 2021 Amount:S 452,600.00 Four Hundred Fifty Two Thousand Six Hundred Dollars and 00/100 Description: Name and location) Rockland Key Temporary Monroe County Fleet Garage Buildout-Reduced Scope BOND Date: December 13, 2021 (Nol earlier than Construction Contract Date) Amount:$452,600.00 Four Hundred Fifty Two Thousand Six Hundred Dollars and 00/100 Modifications to this Bond: ® None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pedro Falcon Electrical C—nt�acters, Inc. Travelers Ca ally and Surety C an f Am ca Al Siiiesurf. Signature: C Name Chia es J. Nielson Nameand"lisle: and Title: Attorney-in-Fact Surety Phone No. 860-277-0111 (Any addirlonrri signattt es appear on the last page of this Performance Bond) (r,0R JXF0Jbr L47I0N0NLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Architect,Engineer or other party.-) 15050 NW 79th Court N/A Miami Lakes, FL 33016 305-722-2663 Doc#2352%1 Bk#3143 Pg#862 Recorded 12/15/2021 2:07 PM Page 1 of S-18521AS 8110 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK,CPA I §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 Owners 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 Vie 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. §6 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 aceeptuble 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 Auer 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 die 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 wdtlen 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 enforce any remedy available to the Owner. S-1852/AS 8/10 §7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surely 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 die Surety under Section 5;and .3 liquidated damages,or If no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond, §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 widiin 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 behal f of 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 die 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 orwaived,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. §14.5 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 tern Owner shall be deemed to be Contractor. S-1852/AS 8110 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address SA 8621AS 8110 Bond No. 107521946 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: (Maine,legal status and address) (Mance,legal status 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 (Same as Above) modificaubn. OWNER: Any singular reference to (Mame,legal stales 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: December 8, 2021 Amount:S452,600.00 Four Hundred Fifty Two Thousand Six Hundred Dollars and 00/100 Description: (Nance and location) Rockland Key Temporary Monroe County Fleet Garage Buildout- Reduced Scope I BOND Date: December 13, 2021 Not earlier than Construction Contract Date) Amount:S 452,600.00 Four Hundred Fifty Two Thousand Six Hundred Dollars and 00/100 Modifications to this Bond: ❑ None ® See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pedro Falcon Etectr cal Conn-t ctors, Inc. Traveler Aualty and Surety Company oi��m Ica Signature. Signa rc: Name 1 t � 9 _ Name arles J. Nielson gh and Title:CA and Title: Attorney-in-Fact =" Surety Phone No. 860-277-0111 (Any additional signatures appear on the lase page of this Payment Bond.) (FOR/NF0AVMT10NONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates (Archirect,Engineer orotherparty:) 15050 NW 79th Court N/A Miami Lakes, FL 33016 305-722-2663 S-2149/AS 8/10 §I 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 fumished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. §21f 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 famished 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 fumished 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,fumished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last fumished 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 Surely shall promptly and ut 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. §A The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reusonable uttomey'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 arc unrelated to die 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 Surely 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 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. §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 fumishcd 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 dint 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 fumish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant'to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .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 furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that 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 furnished. §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-21491AS 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 die other material terms of the Construction Contract. §16.5 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 us follows: The provisions and limitations of Section 155i05 Horida Statutes, including but not limited to the notice and tifne limitations in Sections 255,05(2) and 255M(10). are incorporated in this bond y reference, (Space Is provided below for additional signatures of added parties,other than those appearing on the coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Ca porate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-21491AS 8i10 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint CHARLES J NIELSON of MIAMI LAKES , Florida , their true and lawful Attorney(s)-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 21st day of April, 2021. tog a� State of Connecticut By City of Hartford ss. Robert L.Dane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. ' UIWIOTAIRY My Commission expires the 30th day of June,2026 13 Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,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 each of the Companies, 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 13th day of December , 2021 L, SIX ..�FY4R1'r�ea7, W Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power ofAttorney is attached. DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCEF10/28/2021 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 FAX 1020 N. Orlando Avenue, Suite 200 WC, /C No Ext: 407 647-1616 A/C No): 407 628-1635 Maitland FL 32751 ADDRESS; mrushing@bmbinc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance Company 23396 INSURED PEDROFALCO INSURER B:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc.31160 Avenue C INSURER c:National Union Fire Ins Co of Pittsburg19445 Big Pine Key FL 33043-4516 INSURERD:Amerisure Insurance Company 19488 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1139213616 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 MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-0 11/2/2021 11/2/2022 EACH OCCURRENCE $1,000,000 Flvl DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $100,000 ppr ved Risk Management with attachments MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ( a` /,f..t"r, 'r GENERAL AGGREGATE $2,000,000 POLICY jE LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: 12-16-2021 $ D AUTOMOBILE LIABILITY Y Y CA209293906 11/2/2021 11/2/2022 COMBINED INGLE LIMIT $ Ea accidentS 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 C UMBRELLA LIAB X OCCUR Y Y EBU020773781 11/2/2021 11/2/2022 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC209452607 11/2/2021 11/2/2022 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N ISTATUTE 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/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com 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 Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance PO Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth GA 300961�g� @ 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#: AC"J?O 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. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD From: mail-server@csr24.email To: monroecountyfl monroecountyfl@Ebix.com CC: Subject: Ref#FX00000270 Date: 11/5/2021 11:00:51 AM Attachment(s): Thank you, Bowen, Miclette & Britt Insurance Agency, LLC Policy#00123482-0 Effective Dates: 1112/2021-11/2/2022 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured. I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy#00123482-0 Effective Dates: 11/2/2021-11/2/2022 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contract or written agreement All operations of the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 ❑ Policy#00 123482-0 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/2/2021-11/2/2022 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 @ Insurance Services Office, Inc., 2008 Page 1 of 1 Policy#00 123482-0 Effective Dates: 11/2/2021-11/2/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organ ization(s): Where required by written contract or written agreement If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 Policy Effective Dates: 11/2/3O21 11/2/3022 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$m coverage provided bythis endorsement, the provisions o/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 if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION U-LIABILITY COVERAGE A.1.WHO|S 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 1nsued''but for its termination or the exhausting of its limit mfinsurance, e. Any^emp|eyec''nf 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:o, (2) Am^auto`hired nr rented under a contract ur agreement in that~emp| 's''name.vwthyour permission,while performing duties related to the conduct of your business. However,your "employce"does not qualify as an insured under this paragraph(2)while using a covered"auto" rented from you or from any member mf the''emp|uyce^s''household, t Your members, if you are a limited liability company,while using a covered''auk/''you do not own, hire,ur 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) Un|ess1hewnttoncontoc1q/agreementisexecutedorthepennitisissuedpriortothe^hndi|yinjug/' or"property damege'': Includes copyrighted material ofInsurance Services Office, Inc. CA 71710508 Page 1uf6 Policy Effective Dates: 11/2/202111/2/2022 m. AIRBAG COVERAGE SECTION U|'PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for 1oss^caused by or resulting from any of the following unless caused by other 1oss^that is covered by this insurance: a. Wear and tear,freezing'mechanical or electrical breakdown, However,this exclusion does not include the discharge cdanairbag, b. Blowouts,punctures or other road damage 0otires. 9. GLASS REPAIR'WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is@mendedm add the following: No deductible applies\n glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended m add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss''was caused by collision with another'`autm"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION |V'BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2.DUTIES/NTHE 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,^yuh~or-loss"by your^emp|oyees"shall not,in itse|f,constitute knowledge to you unless one of your partners,executive officens, dieuory, managens, or members (if you are a limited liability company)has knowledge of the^acciden[.claim, 'suit"or''|nss^ Notice should include: (1) How,when and where the^accidenror1oys occurred: (2) The^ineuned'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 QF SUBROGATION) SECTION|V-BUS|mESS AUTO CONDITIONS A-S.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO USis 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 kz secure our rights and must do nothing after''acciden('o/^|oss^to impair them, However,ifthe insured has waived rights to recover through a written contnac",o/if your work was commenced under a letter of intent o,work order, subject to e subsequent reduction in writing with customers whose customary contracts require a waive,,we waive any right of recovery we may have under this Coverage Form, 13. UNINTENTIONAL FAILURE T0 DISCLOSE HAZARDS SECTION 0' BUSINESS AUTO CONDITIONS,B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: YYe will not deny coverage under this Coverage Form if you unintentionally fail 0m disclose all hazards existing asnf the inception date cf this policy. You must report Nus any knowledge ofan error or omission inyour representations as soon as practicable after its discovery, This provision does not affect our right to collect additional premium or exercise our right nf cancellation ornon-,enevva|, Includes copyrighted material of Insurance Services Office, Inc. Page 4nJ5 CA71 7105 08 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." "This endorsernerit 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 one party to the contract is an employer in the construction group at code classifications." This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/2/2021 Policy No WC209452607 Endorsement No, Insured Pedro Falcon Electrical Contractors, Inc. Premium Insurance Company Amerisure Insurance Co. Countersigned by WC 00 03 13 Hart Forms&8ervi'res(Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Reorder No 144988 Rolicy#E8UD2O773781 Effaubvo Dates: 11/2/2021 11/2/2O22 mm o' �� Commercial Excess Liability Policy With CriaisRmspomme' Various provisions in this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what io and in not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words ''mm.^ ''us" and ''uur^ refer to the company providing this insurance. The word Insured means any person ororganization qualifying as such under Section V||. Definitions. Except for headings, words that appear in bold print have special meaning. See Section V||. Definitions. In consideration of the payment ofthe premium and in reliance upon the statements in the Decbrabonm, we agree to provide coverage as follows: 1. INSURING AGREEMENT - COMMERCIAL EXCESS LIABILITY A. We will pay on behalf ofthe Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay as damages by reason of liability imposed by law because of Bodily Injury, property Damage or Personal Injury and Advertising Injury to which this insurance applies o/ because of Bodily Injury or Property Damage to Mich this insurance applies assumed by the Insured under an Insured Contract. Coverage under this policy will foUovvtha termo, dohnibona, conditions and exclusions of Scheduled Underlying Insurance, subject to the Policy Period, Limits of |naurance, premium and all other terms, definitions, conditions and exclusions of this policy. Provided, hnmmvmr, that coverage provided by this policy will not be broader than the coverage provided by the policy listed in Scheduled Underlying Insurance. The amount we will pay for damages is limited as described in Section |V. Limits of Insurance. B. This policy applies, only if: 1. the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere, and the Bodily Injury orProperty Damage occurs during the Policy Period; and 2. the Personal Injury and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business, but only if the Occurrence was committed during the Policy Period. C. 1. This policy applies to Bodily Injury or Property DmnmoAe. only if prior tothe Policy Period, no Insured listed under subparagraphs 2u.' 2b.' 2c. or 2e. of Paragraph N.. of Section V||' no executive officer or director listed under subparagraph 2d. of Paragraph N. of Section V||. and no employee authorized by you to give or receive notice of an Occurrence, c|einn or Suit' knew that the Bodily Injury or Property Damage had occurred, in whole or in port. K such an Insu,ed, or authorized employee knew, prior to the Policy Period, that the Bodily Injury or Property Damage had occurred, then any continuation, change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. 2. Bodily injury or Property Damage which occurs during the Policy Period and was not, prior tothe Policy Period, known to have occurred by any Insured listed under subparagraphs 2o.. 2b.' 2o. or 2e. of Paragraph N. of Section lq|.' any executive officer or director listed under subparagraph 2d. of Paragraph N. of Section \4|. or any employee authorized by you to give or mooiva notice of an Occurrence or o|aim, includes any continuation, change or resumption of that Bodily Injury or Property Damage after the end of the Policy Period. 30268 (11/08} Page 1 of26 AH2711 02001 Includes copyrighted material of Insurance Smn/inao Office, Inc. with its permission. L. Maintenance of Scheduled Underlying Insurance You agree that during the Policy Period: 1. you will keep Scheduled Underlying Insurance in full force and effect; 2. the tenna' definitiona, conditions and exclusions of Scheduled Underlying Insurance will not materially change; 3. the total applicable limits of Scheduled Underlying Insurance will not decrease, except for any reduction or exhaustion of aggregate limits by payment nfLoss to which this policy applies; and 4. any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits ofinsurance equal toor greater than the policy being renewed orreplaced. If you fail to comply with these requirements, wm will be liable only to the same extent that we would have, had you fully complied with these requirements. M. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy, this policy will apply excess of the Other Insurance. Howover, this provision will not apply if the Other Insurance is specifically mitten to be oxnema of this policy. N. Premium The first Named Insured designated in Item 1 of the Declarations will be responsible for payment of all premiums Men due. The premium for this policy will be computed on the basis set forth in Item 0ofthe Declarations. At the beginning of the Policy Period, you must pay us the Advance Premium shown in Item 6 of the Declarations. When this policy expires or ifitio canomUad, we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment, the eotuo| exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium, you will promptly pay um the difference. If the earned premium is |eam than the Advance Premium, we will return the difference to you. But in any event, wm wi|| retain the Minimum Premium as shown in Item G of the Declarations for each twelve months of the Policy Period. O. Separation ofInsureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first Named Insured designated inItem l of the Declarations, this insurance applies: 1. asif each Named Insured were the only Named Insured; and 2. separately to each Insured against whom claim is made or Suit is brought. P. Transfer nfRights of Recovery 1. If any Insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The Insured must do nothing after |oma to impair these rights and must help us enforce them. 2. Any recoveries will be applied aafollows: 90269 (11/09) Page 17of26 /UH2711 02001 Includes copyrighted material of Insurance Services Office, Inc. with its permission. a. any person or organization, including the Insu*ed, that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first; b. we then will be reimbursed up to the amount we have paid; and o. |astly, any person or orgenizedon, including the Insured that has paid an amount over which this policy in excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations, including the Insured, in the ratio of their respective recoveries as finally settled. 3. If, prior to the time of an Occurrence, you waive any right ofrecovery against specific person or organization for injury ordamage as required under an Insured Contract, we will also waive any rights we may have against such person ororganization O. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our mitten consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative, but only Mile acting within the scope of duties as your legal representative. However, notice of oanoeUudom sent to the first Named Insured designated in |iom 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. R. Unintentional Failure to Disclose Your failure to diuo|oaa all hazards existing as of the inception data of the policy will not prejudice you with respect to the coverage afforded by this policy, provided that any such failure or omission is not intentional. Mi. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods' products or services for the purpose of attracting customers or supporters. For the purposes of this definition: l. notices that are published include material placed on the Internet or on similar electronic means of communication; and 2. regarding web-sites, only that part ofo web-site that is about your goods, products or services for the purposes of attracting customers nr supporters im considered onadvertisement. B. Auto means a land motor vehicle, trailer or semitrailer designed for travel on public roadu, including any oUoohmd machinery or equipment. Auto does not include Mobile Equipment. C. Bodily Injury means bodily injury, sickness or disease sustained by any person, including deaih, mental anguish, mental injury, shock or humiliation resulting from any of these ai any time. O. Crisis Management Event moans an Occurrence that in the good faith opinion of a Key Executive of the Named Insured, in the absence of Crisis Management Services, has or may result in: 1. damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance; and 2. significant adverse regional or national media coverage. 90269 (11/09) Page 18of26 /UH2711 02001 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 1. it incorporates Your Product or Your Work that is known or thought to be defective, deficient, inadequate or dangerous; or 2. you have failed to fulfill the terms of contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment or removal of Your Product or Your Work; or 2. your fulfilling the terms of the contract oragreement. N. Insured means: 1. the Named Insured; 2 if you are designated in the declarations as: a. an individual, you and your spouse are insureds, but only with respect to the conduct of a business of Mich you are the sole owner; b. a partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct nfyour business. c. o limited liability compony, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are inaureda, but only with respect to their duties as your managers; d. an organization other than a partnership, joint venture or limited liability uompany, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders; e. m trust, you are an insured. Your trustees are also insureds, but only with respect to their dudes as trustees; 3. your employees other than your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct ofyour business; 4. your volunteer workers only whi|m performing duties related to the conduct of your business; 5. any person (other than your employee or volunteer worker) or organization while acting as your real emtoLo manager; G. your legal representative if you dia, but only with respect to duties as such. That representative will have all your rights and duties under this policy; 7. any person or organization, other than the Named Insured, included msmnadditional insured under Scheduled Underlying Insurance, but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above: a. no person or organization is an Insured with respect to the conduct of any current, past or newly formed partnership, joint venture or limited liability company that im not designated as e Named Insured in Item 1 of the Declarations; and 90269 (11/09) Page 3Oof2G /UH2711 02001 Includes copyrighted material of Insurance Services Office, Inc. with its permission. b. no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision mhmU not apply to any organization set forth in the definition of Named |mmunyd in Paragraph T. 2ond 3. O. Insured Contract means that part of any contract or agreement pertaining to you/ business under which any Insured assumes the tort liability of another party to pay for Bodily Injury or Property Damage to w third person or organization. Tort liability mmema e liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include that part of any contract or agreement: 1. that indemnifies a railroad for Bodily Injury or Property Damage arising out ofconstruction or demolition operations, within 5O feet ofany railroad property and affecting any railroad bridge or kende. Umoks' road-beds, tunnel, underpass orcrossing; 2 that indemnifies an architect, engineer or surveyor for injury or damage arising out of: a. preparing' approving, or failing to prepare or approve, maps' shop drawings, opiniona, repoUo, surveys, ha|d orders, change orders or drawings and specifications; or b. giving directions or instructions, or failing to give dhom, if that is the primary cause of the injury or damage; or 3. under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out ofthe |nournd'o rendering or failure to render professional morvicoa, including those shown in subparagraph 2 above and supervisory, inspection, architectural or engineering activities P. Key Exnoudwo means the Chief Executive Ofhoor, Chief Operating OMiuor' Chief Financial (}ffioer. President, General Counsel or general partner (if the Named Insured is a partnership) of the Named Insured or ou|a proprietor (if the Named Insured is m sole proprietorship). A Key Executive also means any other person holding u title designated by you and approved by us' which ddm is shown in Schedule B' Additional Key Executives attached tw and forming part of this policy. O. Loma means those sums eotuu||y paid as judgments or settlements, pruxidod, however, that if expenses incurred to defend o Suit or to investigate a claim /aduom the applicable limits of Scheduled Underlying Insurance, then Loss shall include such expenses. R. Mobile Equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. vehicles maintained for use am|e|y on or next to premises you own or rent; 3. xmhio|oe that travel on crawler treads; 4. vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. power cranes, shovels, loaders, diggers or drills; or b. road construction or resurfacing equipment such as graders, scrapers or rollers; 5. vehicles not described in Paragraph 1, 2. 3or4above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment ofthe following types: 90269 (11/09) Puge31 of2G /UH2711 02001 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ENDORSEMENT No. 2 This endorsement, effective 12:01A0|: November 3' 2O21 Forms a part ofpolicy no: EBU 020773781 Issued to: PEDRO FALCON ELECTRICAL CONTRACTORS INC By: NATIONAL UNION FIRE INSURANCE COMPANY OFP|TTSBUR6H' PA. Prime Expmemsm" Additional Insured Endorsamment— Primary and Non-Contributory This policy is amended as follows: Section \4|. DEFINITIONS, Paragraph N. ia amended to include the following additional provision: Insured means: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is an additional insured on your policy, but only if such person or organization is included under the coverage provided by Scheduled Underlying Insurance. Such person or organization is an additional insured only with respect to liability arising out of Your Work at the location(s) designated in such contract or agreement. This provision does not apply to liability arising out ofthe sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. Coverage afforded to these additional insured parties will be primary to, and non-contributory with, any other insurance available to that person ororganization. AJI other terms, definitions, conditions, and exclusions of this policy remain unchanged. d( �� ' ' \ Authorized Representative or Countersignature (Where Applicable) 105514 <5V10q AH2894