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Item C26 C.26 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting September 21, 2022 Agenda Item Number: C26 Agenda Item Summary #11055 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687 N/A AGENDA ITEM WORDING: Approval to award bid and approve a contract with Pedro Falcon Electrical Contractors, Inc. for LED Lighting Upgrade and Ceiling Tile Replacement at Big Pine Key Library. Contract amount is $42,998.00 and will be paid from American Rescue Act Funding. ITEM BACKGROUND: The Director of Library's has requested Big Pine Key Library receive improvements to include new LED lighting throughout the space and new ceiling tiles. Staff advertised a Request for Proposals (RFP) for this work and opened the responses on August 10, 2022, with four (4) bids received. Pedro Falcon Electrical Contractors, Inc., d/b/a Pedro Falcon Contractors, Inc. was the lowest responsible and responsive bidder with a price of$42,998.00. This contract will be effective for the 2022/2023 Fiscal Year. The contract amount is being funded through American Rescue Act funds. Staff seeks approval to award the bid and approve the Agreement with Pedro Falcone for this project. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Agreement- LED Lighting Ceiling Tile Replacement for Big Pine Key Library -Pedro Falcon (Final legal stamped) (signed) Pedro Falcone COI- Risk approved Notice of Intent to Award letter(Pedron Falcon) Pedro Falcon Proposal for Library Lighting & Ceiling (08-10-2022 @ 3pm) - FINAL Bid Tabulation Sheet pdf(2) Packet Pg. 953 C.26 FINANCIAL IMPACT: Effective Date: 9/21/2022 Expiration Date: Contractor to achieve substantial completion within 60 days after issuance of Notice to Proceed, with final completion thereafter. Total Dollar Value of Contract: $42,998.00 Total Cost to County: $42,998.00 Current Year Portion: $0 Budgeted: Yes Source of Funds: 06067 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Maintenance Revenue Producing: N/A If yes, amount: Grant: Yes County Match: Yes Insurance Required: Yes (COI attached) Additional Details: OMB will set up account with 2022/2023 FY budget. 09/21/22 NEW COST CENTER ADDED $42,998.00 American Rescue 06067 REVIEWED BY: Suzanne Rubio Completed 09/03/2022 4:22 PM William DeSantis Completed 09/03/2022 7:58 PM Patricia Eables Completed 09/06/2022 12:06 PM Purchasing Completed 09/06/2022 12:15 PM Budget and Finance Completed 09/06/2022 1:50 PM Brian Bradley Completed 09/06/2022 2:31 PM Lindsey Ballard Completed 09/06/2022 2:44 PM Board of County Commissioners Pending 09/21/2022 9:00 AM Packet Pg. 954 C.26.a SECTION 00500 AGREEMENT Agreement Between Owner and Contractor E Where the basis of payment is a STIPULATED SUM 0 AGREEMENT Made as of the 21st day of September 2022 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcone Electrical Contractors, Inc., d/b/a Pedro Falcone Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 0 For the following Project: LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY CL Scope of the Work The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the c, Scope of Work, unless otherwise specifically stated. S Provide all labor and materials necessary to replace all internal, fluorescent lighting fixtures at the Big Pine Key Library with new 24 inch by 24 inch LED drop ceiling flat panel light fixtures, Superior Lighting LPNG-2X2-4KLM50K or approved equivalent, and replace all existing ceiling tiles in existing locations. Light fixture/ceiling tile pattern and/or ratio shall be configured to ensure a pattern with no gaps in the ceiling or dark areas in the library. Each lighting circuit will be independently dimmable with a local switch. Dimmer switches may be rotary or slide type switches. Switches will be sized appropriately for each circuit. Contractor shall submit type of switch proposed for owner's approval. E WARRANTIES 01740-Page 1 of 20 c� Packet Pg. 955 C.26.a Work shall be coordinated with Library Managers to clear and secure the construction area and to keep the remaining portions of the site accessible and in operation throughout the construction process. The completed project will result in a complete, well-lit, library gr interior. There are no plans or construction drawings available with this RFP. All work involves replacing existing fluorescent fixtures with LED lights and fixtures and updating the ceiling tiles. It is recommended the contractor participate in the preproposal conference or U) 76 conduct an independent site visit. The successful proposer will be required to complete the permit application on file with 76 their appropriate company and contact information. Successful proposer will pay associated permit and inspection fees, as required by the county, necessary for 0 completion of the project. The Contractor shall furnish all labor supervision, equipment ervision, materials, power tools, a ui ment o supplies, and any other means of construction necessary or proper for performing and completing the scope of work, unless otherwise specifically stated. The project will be considered complete when turned over to the County as a fully functioning LED-lit library that also includes all new ceiling tiles. The Contractor shall be responsible for complying with regulations, approvals, and permitting by all appropriate permitting or regulatory agencies as applicable. Occupational Safety and Health Administration (OSHA) regulations shall be strictly adhered to at all times. CL 0 ARTICLE 1 The Contract Documents c� The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), 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 ARTICLE 3 Date of Commencement and Substantial Completion WARRANTIES 01740-Page 2 of 20 c� Packet Pg. 956 C.26.a 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. gr The Contractor shall achieve Substantial Completion of the entire Work not later than Sixty (60) 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 U) 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 Facilities Maintenance's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated 0 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. ARTICLE 4 Contract Sum WARRANTIES 01740-Page 3 of 20 c� Packet Pg. 957 C.26.a 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of: Forty-two Thousand Nine Hundred Ninety-Eight and 11/100 Dollars ($42,998.00), 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_ 76 0 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 0 2 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of M Facilities Maintenance, and upon approval for payment issued by the Director of Facilities 0- Maintenance 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. 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 0 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 : Facilities Maintenance may require. This schedule, unless objected to by the Director of c, Facilities Maintenance, 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 E WARRANTIES 01740-Page 4 of 20 c� Packet Pg. 958 C.26.a 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 gr 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 Facilities Maintenance. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for U) 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 0 construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; - 0 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 Facilities Maintenance 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 0 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 Facilities Maintenance. 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 E 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: E WARRANTIES 01740-Page 5 of 20 c� Packet Pg. 959 C.26.a A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. U) 76 E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. 76 G. Evidence of payment and final release of liens and consent of surety to final 0 release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued o p� p p Y 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. 0 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 E 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. WARRANTIES 01740-Page 6 of 20 c� Packet Pg. 960 C.26.a 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, U) 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 0 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 0 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 LU 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 WARRANTIES 01740-Page 7 of 20 c� Packet Pg. 961 C.26.a to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 2M b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall U) 76 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. 0 2 M c) Severability. If any term, covenant, condition or provision of this Agreement (or the o 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 4- 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 E 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. E WARRANTIES 01740-Page 8 of 20 c� Packet Pg. 962 C.26.a 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 gr 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. U) 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 0 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 0 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 LM 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 LU 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. WARRANTIES 01740-Page 9 of 20 c� Packet Pg. 963 C.26.a 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 gr perform and receive benefits as recited in this Agreement. 1) 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 U) 76 limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, 0 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 4- 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 E 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 LU 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. WARRANTIES 01740-Page 10 of 20 c� Packet Pg. 964 C.26.a The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 2M 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. U) 76 0 (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. 0 2 M (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 E' confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the 4- 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 c, 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 2M 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. E WARRANTIES 01740-Page 11 of 20 c� Packet Pg. 965 C.26.a 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. gr 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 NO. 305-292- 3470, BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 0- 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, 0 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 t 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 WARRANTIES 01740-Page 12 of 20 c� Packet Pg. 966 C.26.a separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 2M 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. M u) No Personal Liability. No covenant or agreement contained herein shall be deemed76 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. 0 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 o together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 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, 0 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 E shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. The limits of liability shall be as set forth in the insurance requirements included in Section 00130 herein. 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 E WARRANTIES 01740-Page 13 of 20 c� Packet Pg. 967 C.26.a 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. M x) Section Headings. Section headings have been inserted in this Agreement as a matter U) 76 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 0 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 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. LM 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 0 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 E Project. .@ 0 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 Fla. Stat., Sec. 448.095, 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 E WARRANTIES 01740-Page 14 of 20 c� Packet Pg. 968 C.26.a 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 gr 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 Fla. Stat., Sec. 448.095. dd) Entire Agreement. This writing embodies the entire agreement and understanding U) 76 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. 0 2 M 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by o 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: For Contractor: Pedro Falcon Electrical Contractors, Inc. d/b/a Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 0 For Owner: Director of Facilities Maintenance Assistant County Administrator, PW& E 102050 Overseas Hwy., Suite 219 1100 Simonton St. Key Largo, Florida 33037 Key West, Florida 33040 Monroe County Attorney's Office 1111 121h Street, Suite 408 Key West, Florida 33040 c, 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. WARRANTIES 01740-Page 15 of 20 c� Packet Pg. 969 C.26.a 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 76 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 a 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 o 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 0 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 E 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, 9' 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 E WARRANTIES 01740-Page 16 of 20 c� Packet Pg. 970 C.26.a 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 2M a) Drawings: N/A b) Project Manual: N/A c) Specifications: N/A U) 76 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. 2 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the - Project Manual dated: N/A 9.1.4 The Addenda, if any, are as follows: Number Date Page(s) 1 July 21, 2022 2 2 July 28, 2022 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. 0 c� BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW c, E E WARRANTIES 01740-Page 17 of 20 c� Packet Pg. 971 C.26.a Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. 2M (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA 76 By: By: As Deputy Clerk Mayor/Chairman E Date MONROE COUNTY ATTORNEY'S OFFICE U FdrRIC'IA MS 0 DATE: CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCONE Contractor must provide two witnesses ELECTRICAL CONTRACTORS, INC., signatures d/b/a PEDRO FALCONE CONTRACTORS, INC. Signature', Si nature:m . ,� ��r.W Print Name: CfNI ;WIVjk E Print Name: lVk(-0 K",Cr ,') Title: 15CL Date: Date: ., and Signature:,., U Print Name: < 2 Date: R STATE OF I COUNTY OF On this day of �. _ 20Z„ before me, the undersigned notary public, by means of physical presence or ❑ online, personally appeared OPMQ26�z (name of affiant) known to me to be the person whose name E WARRANTIES 01740-Page 18 of 20 Packet Pg. 972 C.26.a is av§§cribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY for E' the purposes therein contained. 00 F,,yrsg�lgqrrtgryyrrA* Notary Public. '+ r "1 M SWUM µ 76 April Print Name: - EXES My commission expires: Sew �� ® � 0 M 0 a End of Section 00500 0 c� U E E WARRANTIES 01740-Page 19 of 20 Packet Pg. 973 C.26.a GENERAL REQUIREMENTS Where Facilities Maintenance is Not a Constructor Section 00750 General Conditions U) Section 00970 Project Safety and Health Plan 76 Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises 76 Section 01027 Application for Payment E Section 01030 Alternates Section 01040 Project Coordination 0 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 0 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 E Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties E' E E WARRANTIES 01740-Page 20 of 20 c� Packet Pg. 974 C.26.b R CERTIFICATE OF LIABILITY INSURANCE =8'IM8 YYY) 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 U 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 Cy certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michelle Ruskin Bowen,Miclette&Britt of Florida,LLC PHONE 407 647-1616 Nrb: 407 628 1635 1020 N.Orlando Avenue, Suite 200 Maitland FL 32751 ADDRESS: mrushin bmbinc.com INSURERS AFFORDING COVERAGE NAIC 0 INSURER A:Amerisure Mutual Insurance Com an 23396 PEDROFALCO INSURED Pedro Falcon Electrical Contractors,Inc. INSURERB:James River Insurance Co. 12604 � 31160 Avenue C INSURER C:National Union Fire Ins Co of Pittsbur 19aa5 Big Pine Key FL 33043-4516 INSURER D:Amerisure Insurance Com an CL 19488 �y INSURER E INSURER F: a COVERAGES CERTIFICATE NUMBER:516041720 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 O INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS U 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 ADDLSUBR POLICY EFF POLICY EXP O LTR TYPE OF INSURANCE JNSD POLICY NUMBER MMID MMMUffYYY LIMITS L, B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-0 11=021 1 1rM022 EACH OCCURRENCE S 1,;ON 000 9= CLAIMS-MADE :CUR ISK PREMISESAGE T R NTEff nce $100, By lNED EXP(Any one person) $5.000 t,Im PERSONAL A ADV INJURY $1000A00 0 GEN°L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,0 POLICY ..X.. JE® LC3C PRO. • •_ PRODUCTS-COMPtOP AGO S2,000,000 OTHER: S D AUTOMOBILE LL42PLITY Y Y CA209293906 I IrM021 1112I2022 COMBINED SINGLE LIMIT 5 , Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per persons $ U ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per awAonks 5 NON-OWNED PROPERTY DAMAGE HIREOAUTOS AUTOS Peracddent S 0 $ L) 4— C UMBRELLA LIAR X OCCUR Y Y ESU020773781 11 021 11 022 EACH OCCURRENCE S 5. X EXCESS LIAR CLAIMS-MADE AGGREGATE $5.000,000 r0 DED RETENTIONS 5 0 A WORKERS COMPENSATION Y WC209452eO7 15 021 1 M212022 X ER OTHCL - AND EMPLOYERS'LIABILITY YIN STATUTE ER I ANY OFFICERIMEMBER EXCLUO pPROPRIETORIPARTNER(E7(ECUTIVE a N f A E.L EACH ACCIDENT $1.000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1 000A00 If pS describe under DESCRIPTION OF OPERATIONS below E,L DISEASE-POUCY LIMIT $1.000,000 O L_ ( ( DESCRIPTION OF OPERATIONS d LOCATIONS I VEHICLES(ACORO 101„Additional Remarks Schedule,,may be attached If mom space is#squired) 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 bellow are available by emailing: cerbficates@bmbinc.com r When required by written contract,those parties listed in said contract,including the Certificate Holder,,are added as additional insureds with respect to the U 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 0 See Attached... 2 CERTIFICATE HOLDER CANCELLATION O L_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF„ NOTICE WILL, BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CL The Monroe County Board of County Commissioners 1100 Simonton St.,Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 ZAAZ,4101 U 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 975 C.26.b AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACCOR E0� ; 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 �y EFFECTIVE DATE° ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 1S 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. CL The General Liability and Umbrella Liability certified herein are primary and non-contributory to other insurance available,but only to the extent required by �y written Contract. 00 Certificate Holder includes:The Monroe County Board of County Commissioners,its employees and officials RE:LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library 0 c5 O U a O 2 O CL c5 O U 4- O L- I I O L- I I M U O 2 O E c5 ACORD 101 (2008101) 0,2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 976 C.26.c BOARD OF COUNTY COMMISSIONERS Ma$ ° or David Rice,District 4 Coup of Monroe �r y Mayor Pro Tem Craig Cates,District 1 Michelle Coldiron,District Tie Florida.Keys � James K.Scholl,District 3 Holly Merrill Raschein,District 5 (D Monroe County Facilities Maintenance Department CL 123 Overseas Highway e Key West, Florida 33040 0 9/1/2022 0 to r- 0 Notice of Intent to Award a Contract Request for Proposals for LED LIGHTING UPGRADE AND CEILING TILE 0 REPLACEMENT FOR BIG PINE KEY LIBRARY RFP-451-0-2022/la a To Whom It May Concern: This letter will serve as notice of Monroe County's intent to award a contract at the c 9/21/2022 Board of County Commissioners Meeting to Pedro Falcon Contractors, Inc 0 Who was the lowest responsible bidder to the Request for Proposals for the LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE 0 KEY LIBRARY Project. Responses for the project were received by the Monroe County Purchasing Department on 8/10/2022. M Sincerely, c Suzanne Rubio Project Manager as E Facilities Maintenance Department 3 0 as 4- 0 as 0 as E Packet Pg. 977 co m n, to w N V � G. Q� J4 U N � S 0. li } Q z � O 0 J Q O m O O Z O O� w s O M m I� w " �- � 00 d' N •-{ � o�i °� NZ m -bpr -bpr -bpr -bpr tL > v a � N S C3 N O N O }U. a Z } O W a `� W Z O W L Q W M Q A > � WI- Jai p v �- W Q uj GWZN W � p `r' `r' > ZQpO rl a' a W J ~ 4- co m J U o M u W O -� -� OG Q V a ¢ a W t° Q W V ~ ~. a otn o L U } Z Q ~ �- � O O L N N p� a W c� L O O a z ro -a z av w O C7 z w v ° w UCam, } } L I— w Y ° z o � � CL C7 _0 U O L auj CL } v J Ul) o_ o�i } - Co } v- o J } O N � o � 0 31160 Avenue C, Big Pine Key, FL 33043-4516 ESD N C (305)872-2200 Fax: (305)872-2219 NNTWTS% 11N EC 13003416 / CGC 1507617 www.PedroFalcon.com BID DOCUMENTS for LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library 08/ 10/2022, Monroe County, Florida Attention: Monroe County Purchasing Department Via EMAIL: OMB-BID S(�i),MonroeCounty-FL.gov SUBJECT: LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library 08/ 10/2022 x� (25 MB File Limit) s C7 Due: August 10, 2022 by 3:00 pm D r.a ,a ra y LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00120 PROPOSALFORM The Proposal shall be submitted on the forms included in this section of the Proposal Documents as previously instructed herein. Item Description Pages 1. Proposal Form 26-28 2. Bid Bond (Proposal Security) 29 3. Non-Collusion Affidavit 30 4. Lobbying and Conflict of Interest Clause 31 5. Drug-Free Workplace Form 32 6. Local Preference Form 33 7. Public Entity Crime Statement 34 8. Vendor Certification Regarding Scrutinized Companies List 35 9. Subcontractor Listing Form 36 10. Insurance Requirements and Policy and Procedures 37-38 11. Workers Compensation and Employers' Liability 39 12. General Liability 40 13. Vehicle Liability 41 14. Proposer's Insurance and Indemnification Statement 42-43 15. Insurance Agent's Statement 44 16. Contractor License: A Current Copy to be submitted with Proposal. Subcontractor Licenses to be Submitted Prior to Award of Notice to Proceed. INFORMATION REQUIRED TO BE PROVIDED 1. In order to determine if the persons or entity submitting proposals are responsible, all Proposals for contracts to be awarded under this section must contain the following information: A. A list of the entity's shareholders with five percent (5%) or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; if a solely owned proprietorship, names(s) of owner(s). A PROPOSAL FORM 00120- Page 23 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY copy of documentation demonstrating that the entity is a legally viable entity shall be attached. Christian lBriisson„ See Attached unlbiiz Detaiill by Entity INarrne„ B. A list of the officers and directors of the entity.Christian IBiriissorn„ as IPresident, IDiirectoir„ and Secretary, C. Relevant Experience: The number of years the person or entity has been operating and, if different, the number of years it has been providing the service, goods, or construction services called for in the proposal specifications (include a list of similar projects). Thirty-seven years D. The number of years the person or entity has operated under its present name and any prior names. Tl-drty-seven years E. Answers to the following questions regarding claims and suits: a. Has the person or entity ever failed to complete work or provide the goods for which it has contracted? (If yes, provide details of the job, including where the job was located and the name of the owner.) YES NO b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or its officers, directors, or general partners(this specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years)? (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES NO c. Has the person, principal of the entity, entity, or its officers, major shareholders or directors within the last five (5) years, been a party to any law suits or arbitrations with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner in the last five (5) years. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) PROPOSAL FORM 00120- Page 24 of 220 MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS/DIRECTOR OF PEDRO FALCON ELECTRICAL CONTRACTORS, INC. and d/b/a PEDRO FALCON CONTRACTORS, INC. I, the undersigned, the duly elected Director, President, and Secretary of Pedro Falcon Electrical Contractors, Inc., a Corporation incorporated under the laws of the State of Florida, do hereby certify that a meeting of the Board of Directors of said Corporation was duly called and held on May 21, 2022 at which meeting a quorum was present, the following resolution was, upon motion duly made, seconded, unanimously carried and adopted: WHEREAS, Christian Brisson is the sole Director, Officer, and Stockholder of the Corporation, at his discretion, he will have the authority to implement the following duties, including but not limited to RESOLVED, Christian Brisson has the authority to: 1. The day to day operations of the Corporation. 2. Any and all banking transactions, including and not limited to opening and closing accounts with various banking institutes, the consent of additional authorized signatures on which ever bank institute Mr. Brisson indicates. 3. Assets: The purchase, sell, and/or disposal of all Corporate assets, including but not limited to, equity pursuits for the Corporation, the acquiring and/or disposal of loans for said assets. 4. The acquisition and maintenance of any and all employee benefits, including but not limited to, health insurance and education on behalf of the Corporation. 5. All employment practices, including but not limited to, education expenses, setting wages, bonuses, and employee loans and/or advances. Christian Brisson, as Secretary LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY YES ❑ NO d. Has the person, principal of the entity, or its officers, owners, partners, major shareholders or directors, ever initiated litigation against Monroe County or been sued by Monroe County in connection with a contract to provide services, goods or construction services?This specifically includes any present or prior entities in which the person, principal, entity, officer, director or general partner of the proposing entity has been involved as a person, principal, entity, officer, director or general partner. (If yes, provide details, include enough information about the judgment, claim, arbitration or suit so that the Owner will able to obtain a copy of the judgment or claim or locate the suit by location and case number.) YES ❑ NO e. Whether, within the last five (5) years, the Owner, an officer, general partner, controlling shareholder or major creditor of the person or entity was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids. (If yes, provide details and information about the failure to perform services or furnish goods that will enable the Owner to thoroughly consider the matter.) YES ❑ NO f. Customer references (minimum of three), including name, current address and current telephone number. Credit References (minimum of three), including name, current address and current telephone number. See Attaclhe& References. g. Financial statements for the prior three (3) years. Please provide in a separate email for the Contractor's confidentiality, and clearly label the email as "CONFIDENTIAL". ("Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a bid for a road or any other public works project is exempt from F.S. 119.07(1)and s.24(a), Art. 1 of the State Constitution.") However, any financial information the Contractor includes in the proposal packet, which is not marked as "Confidential", may be disclosed in any public records request and will not be treated as "Confidential." The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked. Confiidentiall and (Proprietary IFinanciiall Information Subnnitted Under Separate Cover/Email.. PROPOSAL FORM 00120- Page 25 of 220 31160 Avenue C, Big Pine Key, FL 33043-4516 n URO L N (305)872-2200 Fax: (305)872-2219 NTRZT%i6INC. EC 13003416 / CGC 1507617 www.PedroFalcon.com Customer References Monroe County Public Works & Engineering Cary Knight, PMP Office: (305)292-4527 Director,Project Management Mobile: (305) 699-9179 1100 Simonton Street ....... Key West, FL 33040 Monroe County School District Douglas Pryor Office: (305)295-4338 Facilities Manager Mobile: (305) 395-8283 1310 United Street Dou p1� as.Pryor�r)KeysSchools.com Key West,FL 33040 City of Marathon Carlos A. Solis,P.E. Office: (305)289-5008 Director of Public Works &Engineering Mobile: (305)481-0451 9805 Overseas Hwyel'nsca�ci.marathort.fd.as Marathon, FL 33050 Cq rq C) V; 6 0 CP L.S 2 C:7 CIY 31160 Avenue C, Big Pine Key, FL 33043-4516 URO L N (305)872-2200 Fax: (305)872-2219 NTRZT%i61NC. EC 13003416 / CGC 1507617 www.PedroFalcon.com Credit Centennial Bank 200 Wilder Road Big Pine Key, FL 33043 Tina Geide (305) 676-3072 M & J Enterprises International, Inc. 6922 Aloma Avenue Winter Park,FL 32792 Jon or Calvin Roberts (407) 657-4967 Electrical Supplies, Inc. 13395 NW 107 Avenue Hialeah Gardens, FL 33018 Craig Cowan 305-702-6001 Atlass Hardware Corporation 4800 SW 5 1"Street, Suite 104 Davie,FL 33314 Jason Atlass (954) 316-6160 rq C) V; 0 CP L.S 2 (p 0 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00120 PROPOSALFORM PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: lPediro IFalcon Contractors, Inc.. 3111160 Avenue C IBiig IPine IKey, IFIL 33043 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: LED LIGHTING UPGRADE AND CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed, togetherwith the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The successful proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Forty-two thousand nine lhundired ninety-eight and 00/100 dollars Dollars (Total Base Proposal-words) 2,0g$„00 $ Dollars (Total Base Proposal — numbers) PROPOSAL FORM 00120- Page 26 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY I acknowledge Alternates as follows: N/A Unit prices, if any, are as follows: N/A I acknowledge receipt of Addenda No.(s) No. 1 Dated July 21, 2022 No. 2 Dated July 28, 2022 No. Dated No. Dated PROPOSAL FORM 00120- Page 27 of 220 LED LIGHTING UPGRADE & CEILING REPLACEMENT FOR BIG PINE KEY LIBRARY Proposer, states by his/her check mark in the blank beside the form and by his/her signature that he/she Ihas provided the following requirements (located in Section 00120). g1 1. Proposal Form ✓ � 2. Proposal Security (Bid Bond) ✓ Non.-Collusion Affidavit ✓ 4. Lobbying and Conflict of Interest Clause ✓ 5. Drug-Free Workplace F6rrn ✓ 6. Local Preference Form and requirements (if applicable) ✓ 7. Public Entity Crime Statement ✓ 8. Vendor Certification Regarding Scrutinized Companies Lists ✓ g. Subcontractor Lust Form ✓ 't O. Proposer's Insurance and Indemnification Statement ✓ 11. Insurance Agents Statement (signed by agent) ✓ 12. Answered Requ red Questions ✓ 13. Provided three (3) Custourrer References and three (3) Credit References ✓ Provided three (3) years of Financial Statements in separate email marked ,/ 14. "CONFIDENTIAL" 15. Certified copy of Valid Florida Contractor's License ✓ 16. Current Monroe County Business Tax Receipt ✓ Business Pedro Falcon Electrical Contractors, Inc. Pedro Falcon Contractors, Inc. Name: DBA: Business 59-2550231 EIN Business 31160 Avenue C Mailing 31160 Avenue C Address: Address: Cott', Big Pine Key, FL 33043 Big Pine Key, FL 33043 State, Zip City,State,Zlp Phone. (305)872-2200 Ext. 26 Local Phone: (305)872-2200 Ext. 26 The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1)year poor to th notice of oar"t r bid,or��proposal Date: 08/02/22 Signed .:,:.. ;� � ; �� „�° Printed: Christian Brisson Title- as President Witness PROPOSAL FORM 00120- Page 28 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY BID (PROPOSAL) BOND Not IRequired -for I lids Under 2001k KNOW ALL MEN BY THESE PRESENTS, that we (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) PROPOSAL FORM 00120- Page 29 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00120 NON-COLLUSION AFFIDAVIT Christian Brisson ---- of the city Big Pine Key _­­—--according to law on my oath, and under penalty of perjury, depose and say that: 1 1 am as President of the firm of Pedro Falcon Contractors, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: LED Lighting Upgrade and Ceiling Tile Replacement For Big Pine Key Library 08/10/2022, Monroe County, Florida and that I executed the said proposal with full authority to do so-, 2, The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3, Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other proposer or to any competitor; and 4, No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to Submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statement$ contained in this affidavit are true and correct, and made with full knowledge said pr,6ject. August 10, 2022 (Signatu,M,`o' f Propos&) (Date) STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of K... physical presence or El online notarization, on August 10, 2022 (date) by Christian Brisson (narne of affiant). He/She is personally known to me or has produced (type of identification) as "\OcA A4 identification, ,� \NA Z, Z MY COrTim Expires April 19,2023 NOTARY PUBLIC No GG 313851 (SEAL) My commission expires: x PROPOSAL FORM ' ','Off I I 11100NN 00 120- Page 30 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY LOBBYIING AND CONFLICT OF INTEREST CLAUSE SW ——------- ORN 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: August 10, 2022 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of Fx physical presence or I-] online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/She is Para onalCy known to me or has produced (type of identification) as A identification, 0 0 A N,, My Comm,Expirp Z Apil 19,2023 NOTARY PUBLIC No,GG 313851 J) X� � `,� 8 Q SEAL) My commission expires: Z _3 2 ,( -OF 00(moOOk PROPOSAL FORM 00120-Page 31 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287,087 hereby certifies that: Pedro Falcon Contractors, Inc. ... .......... .......................... (Name of Business) 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 contenders 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 per-son authorized to sign the statement, I certify requirements, Proposer's Signature August 10, 2022 Date STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of 9 physical presence or El online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/Shpo,,'t5—p-er-s-o-'"na'lly kno Wjq%d1h�,QP;bs produced (type of identification) as idii6fifid5tion, My Comm Expires,% April 19,2023 Z = NOTARY PUBLIC No GG313851 1 Z 1 1 (SEAL) My commission expires: PROPOSAL IFOR 00 120- Page 32 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY LOCAL PREFERENCE FORM A Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, roust cornplete this form. Name of Bidder/Responder Pedro Falcon Contractors, Inc. Date August 10, 2022 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? Yes (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year,prior,to the notice of request for bid or proposal.) List Address: 31160 Avenue C, Big Pine Key, FL 33043 Telephone Number: (305) 872-2200 Ext. 26 B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? No, Pedro Falcon Will If yes, please provide: Self-Perform All Work. 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (11)year prior to the notice or request for bid or proposal. 2. Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one (1) year prior to the notice of request for bids or proposals) n/a Tel.Number n/a Add;rep�- Print Name: Christian Brisson Signs atLde'and'llfle of Authorized Signatory for Bidder/Responder STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of K physical presence or El online notarization, on August 10, 2022 (date) by Christian Brisson (name of affiant). He/She is pier sonqL1y_kn,Qwn,tp_!jj�_, or has produced �10,', (type of identification) as identification. My Comm Expirn April 19,,2023 NOTARY PUBLIC No GG 313851 (SEAL) My commission expires, PROPOSAILFORM ......"1111....... 00 120-Page 33 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crirne may riot submit a bid on a contract to provide any goods or services to a public entity, may riot submit a bid ori, a contract with a public entity for the construction or repair of a public bUflding or public work, may not sulornit bids on leases of real property to PUblic entity, may not be awarded of, perlorr'n work as a contractor, Supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business w6i any pt,,iblic entity in excess of the threshold arTIOUnt provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of 36 months frorlru the date of being placed on the convicted vendor list." I have read the above and state that neither Pedro Falcon Contractors, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months,. (Signature) Date: August 10, 2022 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of N physical presence or 0 online notarization, on August 10, 2022 - (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, DTA NOTARY PUBLIC MY G�vmim E­,�,cr Apdl 19,2023 No,G-G 3 13851 (SEAL) My commission expires, C N PROPOSAL FORM 00120- Page 34 of 220 LED LIGHTING UPGRADE �� CEILING TILE ������ ��w��m m m nm��� ��m ��m�m~m���� �� �����u�mw��� REPLACEMENT ����� ��N�� �N��� ���� LIBRARY m���m m�m�`�*��u�u��m� m FOR ��m�� PINE KEY VENDOR CERTIFICATION IN OMPANIES LISTS LED Lighting Upgrade and Ceiling Tile Replacement For Big pine Key ProjectCesohption(s) Respondent Vendor Name: Pedro Falcon Contractors, Inc. VendorFE|N: 59-2550231 Vendor's Authorized Representative Name and Tide: Christian Bheaon. as President Address: 31160Avenue C City: Big Pine Key State: FLORIDA Zip 33043 PhoneNumbe (305)872-2200 E»L2S EmWAddnaes, b .Section 287.135. Florida Statutes prohibits m company from bidding on, submitting a proposal for, or entering into or renewing o contract for goods or services of any amount it at the time of contracting o/ renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725. Florida Stotuheo, oriaengaged in a Boycott of Israel. Seotinn287.13G. Florida Statutea, also prohibits e company from bidding on, submitting e proposal for, or entering into or renewing e contract for goods or services of $1.OAO.OQ0 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 Shatutes, or is engaged in business operations in Cuba or Syria- As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott (anse| List or engaged in a boycott of|mroe| 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 /o*n 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 tocivil Pena|tieo, mttomey'e fees, and/or costs. |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 |onee( List or engaged in m boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba orSyria. Certified By: ChhedianBhaaon as Secnmta ,ry..., who is authorized to sign on behalf of the above r.eferepc corn Authorized Signature�_ ChhobanBhemon Print Nome' Title', as President Note: The List are available at the following Department of Management Services Bite� enfjed vendor lists PR{JPO8/\LFC}RK8 DO12O- Page 35of22Q LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SUBCONTRACTOR LISTING FORM Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address I OC AppIllicalble.. IPe iro Falcon Contractors, Ilirnc.. w111111 sell-f-p irfoirim a1111 work. PROPOSAL FORM 00120- Page 36 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. However, the Contractor shall provide to County Facilities Maintenance a valid Certificate of Insurance and a certified complete copy of any and all Builder's Risk Insurance Policies and policies covering County-owned property with all endorsements, amendments, exclusions and notice of changes to the policy. On any and all Builder's Risk Insurance Policies and policies covering County-owned property, the Monroe County Board of County Commissioners will be named as a named insured, additional insured and loss payee. INSURANCE REQUIREMENTS AND FORMS 00130- Page 37 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements"and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND IF'edro IFellcoin ColnLractolrs, Inc.. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. INSURANCE REQUIREMENTS AND FORMS 00130- Page 39 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY GENERAL LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND IPediro IFalcon Contractors, Inc.. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $500,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 40 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR BIG PINE KEY LIBRARY LIGHTING AND CEILING TILE UPGRADE BETWEEN MONROE COUNTY, FLORIDA AND lPediro IFalloon Contractors, Inc.. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $5000,00 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat., Sec. 255.05. 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 INSURANCE REQUIREMENTS AND FORMS 00130- Page 42 of 220 ILED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY Contractor or any of its emiployees, 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 initentional or sole negligent acts or ornissions 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 equal to the dollar' value of the contract and not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06. The limits of liability shall be as set forth in the insurance requirements included in Section 00130 herein, 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 Contractors 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. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal, Christian Brisson 4 PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00 130- Page 43 of 220 LED LIGHTING UPGRADE & CEILING TILE REPLACEMENT FOR BIG PINE KEY LIBRARY INSURANCE AGENT®S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy, POLICY DEDUCTIBLES General Liability $2,500 Excess Liability N/A Liability policies are X Occurrence Claims Made Bowen, Miclette & Britt of FL MIM Insurance Agency Signature End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 44 of 220 Lizen ses, Smni,Riz Tax., . 'Recel "Pts .......... v c, e.) zi C:? J State of Florida Department of State I certify from the records of this office that PEDRO FALCON ELECTRICAL CONTRACTORS INC. is a corporation organized under the laws of the State of Florida, filed on May 21, 1985. The document number of this corporation is H58348. I further certify that said corporation has paid all fees due this office through December 31, 2022, that its most recent annual report/uniform business report was filed on February 16, 2022, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Sixteenth day of February, 2022 M , Tracking Number:7268023298CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/C ertificateOfStatus/C ertificateAuthentication 2/16/22,3:09 PM Detail by Entity Name � t JA 1 �r� �I �l?4a/tJll/ll(LIFI✓/fOf� �e(✓�!,�4'2UlllPrPPIP ;Y . r%r it,'r'r . zeqa.r...fi...c...r...u...e......n....r.h.....rt.. ta : 1ai1 10 rtQar 12Eg..L..a Search, Records Search Ib ........:..Uj... ....Nal......aiir1m i / Detail by Entity Name Florida Profit Corporation PEDRO FALCON ELECTRICAL CONTRACTORS INC. Filing Information Document Number H58348 FEI/EIN Number 59-2550231 Date Filed 05/21/1985 State FL Status ACTIVE Principal Address 31160 AVE C BIG PINE KEY, FL 33043 Changed: 01/16/2004 ailing Address 31160 AVE C BIG PINE KEY, FL 33043 Changed: 03/18/1997 Registered gent Name&Address BRISSON, CHRISTIAN N 31160 AVENUE C BIG PINE KEY, FL 33043 Name Changed: 01/16/2018 Address Changed: 02/19/1999 Officer/Di Detail Name &Address Title PDS BRISSON, CHRISTIAN N 31160 AVE C BIG PINE KEY, FL 33043 Page 1 of 2 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PEDROFA... 1/2 2/16/22,3:09 PM Detail by Entity Name Annual R pDrta Report Year Filed Date 2020 01/22/2020 2021 01/20/2021 2022 02/16/2022 Document Images UZ.122.922 z..ANNUAL i View iiinnage in F:11[:)Il:"fonrna� T. vewiinfiage in 1:11[)IF:foifmah 211222.22.2 zIIN.M L6L Bh!:.I0. 1lu....... vipaw innage in l:IIl)1l::foi mmah ............ 01/10/2019 .-ANNUAll Rli IFIOIRF View!image in F:11[)Il:��orrna� ...................................................................................................................................................... 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GJ z..ANNUAL RLEMI Vevv ilirnage in PI[IF:forimiM View irnage in PI[IF:foiunaff Page 2 of 2 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=PEDROFA... 2/2 2021 / 2022 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2022 RECEIPT# 30140-9801 Business Name: PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Business Location: 31160 AVE C Mailing Address: QUALIFIER, ROBERT D ALLSBROOK BIG PINE KEY, FL 33043 31160 AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR (GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid 130-20-00002210 07/08/2021 25 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2022 Business Name: PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801 CONTRACTORS INC 31160 AVE C Business Location: BIG PINE KEY, FL 33043 Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Business Phone: 305-872-2200 31160 AVE C Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid 130-20-00002210 07/08/2021 25 . 00 2020 / 2021 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2021 RECEIPT# 30140-9801 Business Name: PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Business Location: 31160 AVE C Mailing Address: QUALIFIER, ROBERT D ALLSBROOK BIG PINE KEY, FL 33043 31160 AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR (GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid 116-19-00001693 07/10/2020 25 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2021 Business Name: PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801 CONTRACTORS INC 31160 AVE C Business Location: BIG PINE KEY, FL 33043 Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Business Phone: 305-872-2200 31160 AVE C Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 25.00 0.00 0.00 0.00 25.00 Paid 116-19-00001693 07/10/2020 25 . 00 Z O L E y u a) U L = w O 0) V' 2 D W a cn �' oc a w w o U� 0 F— m Z Z O a / i% �/ %/� J /� W %/�� �/ O Is r / cv N r/ / LL .' 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Filing Information Registration Number G14000005390 Status ACTIVE Filed Date 01/15/2014 Expiration Date 12/31/2024 Current Owners 1 County MONROE Total Pages 2 Events Filed 1 FEI/EIN Number 59-2550231 Mailing r s 31160 AVENUE C BIG PINE KEY, FL 33043 Owner Information PEDRO FALCON ELECTRICAL CONTRACTORS, INC. 31160 AVENUE C BIG PINE KEY, FL 33043 FEI/EIN Number: 59-2550231 Document Number: H58348 Document s „1 15!2Q.J4. 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I;;;1reAo.uaus orgy Il;;ji :l Next oin II a t e:lu irirn to„.Jl..11s.a Fictitious Name Search ulluirn I;;;IIistor Submit Page 1 of 1 7 Certlifi.','icate of ',In II II (ProJect Specifinc CGI withAdditial.l.al hisured, -to 'be provi.ded, upon awa.rd..) .......... 6 78/8/2022 E(MM/DD/YYYY) � CERTIFICATE OF LIABILITY INSURANCE 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 PHHONNo Ext: 407 647-1616 FAX No: 407 628-1635 1020 N. Orlando Avenue, Suite 200 E-MAIL Maitland FL 32751 ADDRESS: mrushing@bmbinc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Company 23396 INSURED PEDROFALCO INSURERB:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURER C: National Union Fire Ins Co of Pittsburg 19445 Big Pine Key FL 33043-4516 INSURERD:Amerisure Insurance Company 19488 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:516041720 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 I POLICY NUMBER MM/DD/YYYY MMIDD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-0 11/2/2021 11/2/2022 EACH OCCURRENCE $1,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY L 1--1 PRO LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y CA209293906 11/2/2021 11/2/2022 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident 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 x PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N I 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 ACCORDANCE WITH THE POLICY PROVISIONS. The Monroe County Board of County Commissioners 1100 Simonton St., Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED 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. Certificate Holder includes:The Monroe County Board of County Commissioners,its employees and officials RE:LED Lighting Upgrade and Ceiling Tile Replacement for Big Pine Key Library ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#OO1234Q2-0 Effective Dates: 11/2/3O21-11/3/2D32 COMMERCIAL GENERAL LIABILITY CG 201007 04 THUS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY' ADDIT��������d��� �U INSURED �� ��������� LESSEES ���� IONAL�n�«x�»�^�~ nx�����nn`�~�� �*��n��~n`u��� �~�~�����~�~�� n�'n`� CONTRACTORS SCHEDULED ������� n�� ��*�'o� n n�u~w»� n �*n`��� �� ����n nu~�*��u~u~�� nr �~on`�mn�'x� n�'n`� ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Ope tions 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. A. Section |U — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(o) or additional insureds, the following additional exo|u- orgonioahon(o) shown in the Sohedu|a, but only aionsopp[y: with respect to liability for "bodily injury", "propertyThis insurance does not apply tn "bodily injury" or damage" "personal pemona| and advertising injury" "property damage" occurring after: caused, in whole orin part, by: 1. All work, including motehals, parts or equip- 1 Your ' ` merdfumnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than aemimy, 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 matodobove. 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 fora principal aeo part of the same project. CG20 10 07O4 @ ISO Properties, Inc., 2004 Page 1 of [� Policy#00 123482-0 Effective Dates: 11/2/2021-1112/2022 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 contractor 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 It00123482-0 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/2/2021-1112/2022 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 contractor 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#OU123482-0 Effective Dates: 11/3/2031'11/2/2033 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ��UU� � ��� ���� ���� ��n����U���o���� m— u�um�u��mnn ��u��� u�v��u� CONTRIBUTORY u�u���� uv�'o� n ��D�U���U���������U�~� �~n���~�°mu���~n�o�~m� n 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 ona primary and noncontributory basis. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031UB04'10 Page 1of1 Policy Effective Dates: 11/2/2U21'11/2/3O22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE COMMERCIAL AUTOMOBILE E BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement is 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 6. 60 days before the effective date of cancellation if we cancel for any other reason. Z. BROAD FORM INSURED SECTION H-LIABILITY COVERAGE A.1.WHO |SAN INSURED is amended hy 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 tn~accidents'or'1uss~that occurred before you acquired or formed the organizadon�and (3) Coverage does not apply to an organization that is an"insured"tinder any other policy or would he an "insured'^but for its termination or the exhausting of its limit of insurance. e. Any^ennployee of yours using: (1) A covered"auto"YOU do not own, hire or borrow,or a covered"auto"not owned by the"employee"or a member of his o,her hpusehoW,while performing duties refa»ed to the conduct ofyour business or your personal affairs;or (2) An'auto"hired or vented under a contract or agreement}n that"employee's"name, with your permission, while performing duties related to the conduct of your business. However,Your "employee"does not qualify as an insured under this paragraph(2)while using a covered"auto" rented from you or from any mennbe,of the"employee's"household, [ Your members, if YOU are a limited liability company,while using a covered''autm''you do not own, hire,mr borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person mr organization with whom you agree in a written contract,written agreement orpermit, to provide insurance such as is afforded under this policy,but only with respect to your covered''au1us~ This provision does not apply: (1) Unless the written contract nr agreement is executed or the permit is issued prior to the"bodily injury" or"property dannage~: includes copyrighted material ofInsurance Services Office, Inc. CA717105A8 Page 1of 6 Policy#CA209293906 Effective Dates: 1 1/21202 1-1 1/2/2022 8. AIRBAG COVERAGE SECTION III -PHYSICAL DAMAGE,B. EXCLUSIONS, Paragraph 3, is deleted and replaced by the following: We will not pay for"lass"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing,mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III- PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following; No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D. DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph a. is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an"accident",claim, "suit"or"loss", Knowledge of an"accident", Claim, "Suit"or"loss"by your"employees"shall not,in itself,constitute knowledge to YOU unless one of your partners, executive officers, directors, managers, or members (if you are a limited liability company) has knowledge of the"accident",claim, "suit"or"loss". Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS(BLANKET WAIVER OF SUBROGATION) SECTION IV- BUSINESS AUTO CONDITIONS A.S.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS,B.GENERAL CONDITIONS, 2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage Linder this Coverage Form if YOU Unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal, Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 45 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 tronri 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 perf()I'rTl work under a written contract that requires YOU to obtain this agreernent from us.) This agreeryient shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or orgatiization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah," "This en(,iorsernent doe,.i not appiy to pofi6es in Missouri where the,employer fs in the conitruclion group of code dassificatiors. According to Section 287,150(6)of the Missouri Statues, a contractual provision rmporting to waive sub(option rights is,against auhlic policy and voki where ono party to the contract is an employer in the C0f1S1rLXti0P group of cads classifications." This endorsement changes the policy to which it is attached and is effective on the date issued un#ess otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1 1/21202 1 Policy No WC209452607 Endorsement No. Insured Pedro Falcon Electrical Contractors, Inc. Premium $ 111SUranCe Company Amerisure Insurance Co. Countersigned by WC 00 03 13 Had Foffm,i&Smv.aa% (Ed. 4-84) Copyright 19B3 National Council oil CorrIpengatiun Insurance. Rewde,No 144988 Po|icy#E8UO3O773781 Effective Dates: 11/2/2O21-11/2/2O32 p� Prime Expreos Commercial Excess Liability Policy With CrisisResponse' Various provisions in this policy restrict coverage. Road the onbm policy ounafuUy to determine rights, duties and whot io and ia not covered. Throughout this policy the words ^you" and "your" refer to the Named Insured shown in the Declarations and any other person or nrgenizabon qualifying as a Named Insured under this policy. The words ''mm,^ ^uu~ and ''our" refer to the company providing this insurance. The word Insured means any person n/ organization qualifying as such under SeotionVU. Definitions. Except for headings, words that appear in bold print have mpmda| meaning. See Section V||. Definitions. In conmidmmbon of the payment of the premium and in reliance upon the statements in the Declarations, mm agree to provide coverage as follows: 1. INSURING AGREEMENT - COMMERCIAL EXCESS LIABILITY 7777 A. We W|| 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 or because of Bodily Injury or Property Damage to which this insurance applies amuuonmd by the Insured Linder an Insured Contract. Coverage under this policy will followthe terms, definitions, conditions and exclusions of Scheduled Underlying Insurance, subject to the Policy Period, Limits of |mauranuo, premium and all other terms, dahnitions, conditions and exclusions of this policy. Provided' however, that coverage provided by this puUoV wiUU not be broader than the coverage provided by the policy listed in Scheduled Underlying Insurance. The amount we W|| pay for damages is limited as described in Section |V. Limits of Insurance. B. This policy mpp|iam, only it 1. the Bu61|y 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 onyvWhem 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 Damage, only if prior to the Policy Period, no Insured listed under subparagraphs 2a.' 2b.' 2c. or 2e. of Paragraph N.. of Section l4i no executive officer or director listed under subparagraph 2d. of Paragraph N. of Section l4|. and no employee authorized by you to give or receive nobce of an Occurrence, claim or Suit, knew that the Bodily Injury or Property Damage had 000urred, in whole or in part If such an Insured, o/ 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 WU be deemed to have been known prior tuthe Policy Period. 2. Bodily Injury or Property Damage which occurs during the Policy Period and was not prior tothe Policy Period, kmnwmto have occurred by any Insured |io0ad under subparagraphs 2a, 2b.' 2c. or 2e. of Paragraph N. of Section \0|.' any executive officer or director listed under subparagraph 2d. of Paragraph N. of Section \4i or any employee authorized by you to give or receive notice of on Occurrence or claim, includes any continuation, change or maawunpbon of that Bodily Injury or Property Damage after the end of the Policy Period. 80268 (11/09) Page 1of2G AH2711 02001 Includes copyrighted material of Insurance Services Office, Inc. vAdh its permission. L. Maintenance of Scheduled Underlying |nous*nmm You agree that during the Policy Period: 1. you will keep Scheduled Underlying Insurance in full force and effect; 2. the towns, definitions, 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 ofLoss to which this policy applies; and 4. any renewals or mp|mnomon|a of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed o/ replaced. If you fail to comply with these requirements, we vA|V 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 poNoy, this policy will apply mxcnua of the Other Insurance. However, this provision will not apply if the Other Insurance in opooifiuo||y written to be axcmnm of this policy. N. Premium The first Named Insured designated in Item 1 of the Oec|arubuma will be responsible for payment ofall premiums when due. The premium for this policy will be computed on the basis set forth in Item G of the Declarations. At the beginning of the Policy Period' you must pay us the Advance Premium shown in |1um S of the Declarations. When this policy expires or ifitio ounom||ed, we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment, the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium. you W|U promptly pay us the difference. If the earned premium is Ueaa than the Advance Premium, we wiUU return the difference to you. But in any event, we will natoim the Minimum Premium as shown in Item G of the Declarations for each tmm|vo months of the Policy Period. O. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first Named Insured designated inItem 1 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 |oao to impair these rights and must help us enforce them. 2. Any recoveries will be applied as follows: 90280 (11/09) Page 17of26 AH2711 0 2001 |nn|udnn copyrighted material of Insurance Services Office, Inc. with its permission. a. any person or organization, including the Insured, that has puk] an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed firm; b. we 1hanvAA|U be reimbursed uptothe umountme have paid; and o. Uaotly, any person or organization, including the Insured that has paid on amount over Mich this policy is excess is nnddod to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations, including the |nsured, in the ratio of their respective recoveries as finally settled. 3. If, prior to the time of an Occurrence, you waive any right of recovery against specific person or organization for injury nr damage as required under an Insured Contract, we will also waive any rights we may have against such person urorganization Q. Transfer nf Your Rights and Duties Your rights and duties under this policy may not be transferred without our wviUao consent. If you din or are legally declared bankrupt' your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first Named Insured designated in Item 1 of the Deo|mrodoma and mailed to the address shown in this policy will be sufficient ovboa to effect cancellation of this policy. R. Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of the policy W|U not prejudice you with respect to the coverage afforded by this policy, provided that any such failure or omission is not intentional. W. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your gooda, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: l. nodooe that are published include material placed on the |mtorna1 or on similar electronic means of communication; and 2. regarding web-aiton' only that part ofa web-site that is about your gnwda, products or services for the purposes uf attracting customers or supporters io considered aoadvertisement. B. Auto means o land motor vehicle, Uai|or or semitrailer designed for travel on public roads, including any attached machinery or equipment. Auto does not include Mobile Equipment. C. Bodily Injury means bodily injury, u|ckn*an or disease sustained by any person, including death, mental anguish, mental injury, shock o/ humiliation resulting from any of these at any time. D. Crisis Management Event means 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 mxoeuo of the total applicable limits of Scheduled Underlying Insurance; and 2. significant adverse regional or national media coverage. 90280 (11/09) Page 18of26 AH2711 02001 |nn|udnn copyrighted material of Insurance Services Office, Inc. with its permission. 1. k incorporates Your Product or Your Work that is known mthought tohe defective, deficient, inadequate m dangerous; or 2. you have failed tofulfiU the terms ofa contract oragreement; 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 or agreement. 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 ofu business of whiob you are the sole owner; b. u partnership or joint venture, you are an insured. Your mumbm,m' your partners, and their spouses are also insureds, but only with respect to the conduct ofyour business. c. u limited liability company, you are an insured. Your members are also ionu,adm' but only with respect to the conduct ofyour business. Your managers are immunadu' but only with respect to their duties as your managers; d. an organization other than a paUoarahip, joint venture or limited liability company, you are an insured. Your executive offioe,n and directors are insureds, but only with ,aepeo1 to their duties as your offioary o, directors. Your stockholders are also inauredm, but only with respect to their liability as stockholders; a. a trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees; 3. your employees other than your executive officers (if you are an organization other than u partnership, joint venture or limited liability company) or your managers (if you are m limited liability company), but only for eota within the scope of their employment by you or while performing duties related to the conduct of your business; 4. your volunteer workers only Mile 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 rou| estate manager; G. your |ogo| representative if you die' but only with respect to duties as such. That representative wi|U have all your rights and duties under this policy; 7. any person or organization, other than the Named Insured, included as an additional insured under Scheduled Underlying Insurance, but not for broader coverage than mmuW 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 o, newly formed pmrtoarohip, joint venture o, limited liability company that is not designated as a Named Insured in |tmnn 1 of the Declarations; and 90280 (11/09) Page 20of26 AH2711 02001 |nn|udnn copyrighted material of Insurance Services Office, Inc. with its permission. b. no person or orgonizabom is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any ongunizadon set forth in the definition of Named Insured in Paragraph T. 2mnd 3. O. Insured Contract means that part of any contract or agreement pertaining to your business under which any Insured assumes the tort liability of another party to pay for Bodily Injury o/ Property Damage to o third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract 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 50 feet nfany railroad property and oMeudnA any railroad bridge or trouNo' 1rmokx, road bnda. tunnel, underpass orcrossing; 2. that indemnifies an architect, engineer or surveyor for injury o/ damage arising out of: a. preparing, apprnving, or failing to prepare or approve, maps, shop drawings, opinions, reports, eun/aye, field orders, change orders ordraWnQo and specifications; or b. giving directions or instructions, o, failing to give thum, if that is the primary cause of the injury or damage; or 3. under which the Insured, if an architect, engineer or ounmyo,' assumes liability for an injury or damage arising out of the |neurad'e rendering or failure to render professional services, including |huua shown in subparagraph 2obova and supervisory, inspection, architectural or engineering activities P. Key Executive means the Chief Executive Officer, Chief Operobng [)ffioar. Chief Financial OOioar' President, General Counsel or general partner (if the Named Insured is a partnership) of the Named Insured or sole proprietor (if the Named Insured is u sole proprietorship). A Key Executive also means any other person holding u dda designated by you and approved by ua. Mich title is shown in Schedule B. AddidonaU Key Executives attached to and forming part of this policy. O. Loss means those sumo actually paid as judgments or settlements, provided, however, that if expenses incurred to defend m Suit or to investigate a claim reduce the applicable limits of Scheduled Underlying Insurance, then Loss shall include such expenses. R. Mobile Equipment means any of the following types of land vohio|oo' 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 solely on or next to premises you umm or rent; 3. voh|r|na that travel on crawler treads; 4. vnhin|om' 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, 3 or 4 above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 90280 (11/09) Page 21 of2G AH2711 02001 |nn|udnn copyrighted material of Insurance Services Office, Inc. with its permission. ENDORSEMENT No. 2 This endorsement, effective 12:01 AM: November2. 2021 Forms part of policy no: E8U 020773781 Issued to: PEDRO FALCON ELECTRICAL CONTRACTORS INC By: NATIONAL UNION FIRE INSURANCE COMPANY OFPITTSBURGH, PA. phrne Expresser,' Additional Insured Endorsoment — Primary and Non-Contributory This policy is amended mofoUowo: Section \0U. DEFINITIONS, PmragraphN. is amended tn include the following additional provision: Insured means: Any person or organization for whom you are performing operations mhmn 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 Wth respect to liability arising out of Your Work at the location(s) designated in such contract or agreement. This provision does not apply tn liability arising out of the 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 Wth' any other insurance available to that person ororganization. All other terms, definitions, conditions, and exclusions of this policy remain unchanged. ���] . r \�� » Authorized Representative or Countersignature (Where Applicable) 105514 (5/10) AH2BD4 Policy#CA209293906 Effective Dates: 11/2/2021-1112/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - THIRD PARTY This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM Subject to the cancellation and/or nonrenewal provisions of the Coverage Form to which this endorsement is attached,we will not: 1, Cancel; 2. Nonrenew: or, 3. Materially change(reduce or restrict) this Coverage Form, except for nonpayment of premium, until we provide at feast-2, days written notice of such cancellation, nonrenewal or material change.Written notice will be to the person or organization named in the Schedule. This notification of cancellation, nonrenewal or material change to the person or organization named in the Schedule is intended as a courtesy only. If the person or organization named in the Schedule does not receive such notification within the time frame stated in this endorsement, this will not: 1. Extend any Coverage Form cancellation date; 2. Negate the cancellation as to any insured or any certificate holder: 3. Provide any additional insurance that would not have been provided in the absence of this endorsement: or 4, Impose liability of any kind upon us, This endorsement does not entitle the person or organization named in the Schedule to any benefits, rights or protection under this Coverage Form. SCHEDULE Name Of Person Or Organization Mailing Address Any person or organization holding a certificate of insurance issued The address shown for that person or organization in for you, provided the certificate: that certificate of insurance 1. Refers to this policy: 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Canceflation-, b. Nonrenewal: or c. Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy IL 70 74 01 16 Policy#WC209452607 Effective Dates: 11/2/2021-11/2/2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 60 For any statutorily permitted reasonother than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is canceffed by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Nar-ne of Person or Organization is any person or organization holding a certificate of insu rance issued for you, provided the certificate: 1 Refers to this policy; 2. States that notice of: a. CancelIation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a, Cancellation: b. Nonrenewal; or c, Material change reducing or restricting coverage; and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of inSUrance. IL 70 45 05 07