Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C09
C9 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting March 20, 2024 Agenda Item Number: C9 2023-2218 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick n/a AGENDA ITEM WORDING: Approval of an Agreement with Pedro Falcon Contractors, Inc. in the amount of$186,393.00, who was the lowest, responsible, responsive bidder for the construction of the Big Pine Community Park Amphitheater project. This project is funded by a TDC Grant. ITEM BACKGROUND: Monroe County was awarded a TDC grant for the construction of an amphitheater at Big Pine Community Park for fiscal year 2024. A Request for Proposals for the construction of the Big Pine Community Park Amphitheater was advertised in January 2024 and two (2)proposals were received on February 15, 2024. Pedro Falcon Contractors, Inc. was the lowest responsible, responsive bidder. PREVIOUS RELEVANT BOCC ACTION: 10/18/23 - BOCC approved FY2024 County Capital Projects funded by the TDC. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: Bid Tab_2.15.2 .pdf Agree ent_PFC_BP Amphitheater signed.pdf County Forms & Insurance.pdf 2023 11 COI Pedro Falcon GL AL WC exp 112 24.pdf 286 FINANCIAL IMPACT: 118-78049-SC 00062 Insurance to be provided upon contract approval 287 s 4- H o z O � U 4- O O Ili M N 4- Ql Ql > > OC M } s° o W 00 l0 0 > } a = L N O I- CL c}n >- UJ tn V Z M a A > UJ 72 Z � WQ Q � L � } 3 GaZO W N zoo Ln H WZQ = Q w p Q m U a o m V O v LPL a W W O L° o ,s° Q O Q } U L Q a U O_ 1'1 0 Z Vjy N .} W V L a m V cn O > _L O W L o I— .cn z L U w 0 4 c L tn t z o w w to a a O U o_ u =3 Ul) u C U •� V O o a t m L O s `�- d O 4- L Co O —� "0 O U LL M d o_ q o Q �n � Him 288 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 20t" day of March 2024 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, Florida 33043 For the following Project: BIG PINE COMMUNITY PARK AMPHITHEATER Scope of the Work The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this bid package. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Scope of work shall include the following: Construct an outdoor amphitheater at Big Pine Community Park with raised concrete stage and power outlets in the general location identified in Exhibit A of the Request for Proposals. Concrete stage shall be a trapezoidal shape to compliment shelter structure design and desired corner location.Amphitheater construction shall include the purchase and installation of one RCP Shelter Structure selected per the proposal in Exhibit A or approved equivalent. RCP Shelter proposal includes shelter materials and design of shelter and column foundations. The desired concrete stage is not included in shelter structure plans and will be the responsibility of the contractor to supply necessary construction documents required for review, approval, and permitting. Concrete Stage shall be approximately 500 square feet in area and 1-foot in height with continuous six inch (6") high steps/stairs along front and sides of stage. An ADA-compliant access ramp near backside of stage will be required. Amphitheater shall have one outdoor rated electric outlet installed at each column via conduit in slab on a dedicated 50-amp circuit. Contractor will be responsible for coordination and purchase of shelter structure, any design and Page 1 of 18 289 construction documents required to construct the concrete stage, stairs, ADA-compliant ramp, and to supply appropriate electric. Acquisition of all required permits will be the responsibility of the Contractor. The park shall remain open to the public during execution of the work. The Contractor shall complete work with as minimal impact to the public who may be utilizing other areas and features within the park during construction. As such, Contractor should plan the staging of materials and work areas with safety of the public in mind. Work areas must be secured at the end of every workday. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. Page 2 of 18 290 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 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Eighty-Six Thousand, Three Hundred Ninety-Three and 00/100 Dollars ($186,393.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Page 3 of 18 291 Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and Page 4 of 18 292 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items). 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and the work has been accepted by the Owner except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty (20) days after the issuance of the final approval for payment. The following documents (Samples in Section 01027, Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. Page 5 of 18 293 C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally Page 6 of 18 294 accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.333, if applicable, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County 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 Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Right to Audit_ Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County 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 Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe Page 7 of 18 295 County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or cancellation. 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 Page 8 of 18 296 other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The 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 VI of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. k) Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not Page 9 of 18 297 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. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. o) Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following Page 10 of 18 298 completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 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. Page 11 of 18 299 q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, 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. t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. u) Attestations. The 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. v) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. w) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. x) 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 Page 12 of 18 300 or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. y) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the Page 13 of 18 301 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. cc) 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 the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: Page 14 of 18 302 For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President 31160 Avenue C Big Pine Key, Florida 33043 For Owner: Director of Project Management Assistant County Administrator, PW& E 1100 Simonton St., Room 2-216 1100 Simonton St. Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five (5) calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. Page 15 of 18 303 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 2/6/2024 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. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 16 of 18 304 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MU ST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM aSTANT COUNTY ATTORNEY DATE: 2-16-2094 CONTRACTOR'S Witnesses Attest: CONTRACTOR: PEDRO FALCON Contractor must provide two witnesses CONTRACTORS iN signatures A ignatur Signature - Print Name. li" _ ' Print Name: �' ��a� �; ��:;;� r � Title. . : r Date: Date � and Signature wN ..... .n Print Name , ° =4w Date: : STATE OF ���� `� COUNTY OF "�� On this day of t" � i� 20 C. before me, the undersigned notary public, by means of.., physical presence or ❑ online, personally appeared '� ' ' �' '"" (name of affiant) known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for BIG PINE COMMUNITY PARK AMPHI 'I RTER for the purposes therein contained. Notary Public _ "V "� �y�tW'4M'W 1 r 111 f 7 Vr Print Namey �Y F } °!r 0 TA My commission expires. I C)—P � y ealY2025 Ao.rq�20 L t G 0111, Page 17 of 18 ''rrrrrrptir,"` 305 GENERAL REQUIREMENTS Where Project Management is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information — (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 18 of 18 306 Big Pine Community Park Amphitheater SECTION 00120 NON-COLLUSION AFFIDAVIT l Christian Brisson of the city Little Torch Key according to law on my oath, and under penalty of perjury, depose and say that: 1. 1 am President of the firm of Pedro Falcon Contractors, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Big Pine Community Park Amphitheater 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 state antained in this affidavit are true and correct, and made with full k !dr� February 15, 2024 (Signature of Proposer) (Date) STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of Iphysical presence or ❑ online note ' ation, on )° (date) by i t' �" �� '� (name of affiant), eohe is personally known to me or has produced ft—yI3� of i entification) as identification, 1lon Mad Andruzz! „ FxPires:Februarys 28,2027 NOTARY UBL4C.1——' Notary Public- tote tif�F �� t� � �° 4 (SEAL) My commission expires. M „ . . w. PROPOSAL FORM 00120-Page 29 of 229 307 Big Pine Community Park Amphitheater LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pedro Falcon Contractors, Inc. (Company) warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Sign -fur ).~ " Date: February 15, 2024 STATE OF: FLORIDA COUNTY OF: MONROE le Subscribed and sworn to (or affirmed) before me, by means ofte hysical presence or❑ online notarization, on f",� ZOL41 (date) r by M �w �. � gyp, u (name of affiant) lShe is ersonally known to me or has produced (type of identification) as identification. r9grrorrtr Mart AndtUzz1 " Comm.:HH 367485 M Expires:February 28,2027. NOTARY 0 U 130d.--,�0 r uvae+ nw Natuy publwc-State Of FtOnda (SEAL) My commission expires n. PROPOSAL FORM 00120- Page 30 of 229 308 Big Pine Community Park Amphitheater DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.087 hereby certifies that.- Pedro Falcon Contractors, Inc. (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace„ the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. . , 1'e . Proposer's Signature _February 15, 2024 STATE OF; FLORIDA Date COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of physical presence or❑ online notarization, on � - date b t � ' ' 'f. �- (name of affiant). l 1e She isersonally known to me or has produced pe of identification) as identification. Mart AndrUZZI Comm.:Htl 367485 Expires:February 28, 027 NOTAR (SEAL) '`*,',1w Notarypubec.State of Florida My commission expires.ryd.IA.....v� PROPOSAL FORM 00120-Page 31 of 229 309 Big Pine Community Park Amphitheater LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No. 004-2015 and 025-2015, must complete this form. Name of Bidder/Responder Pedro Falcon Contractors, Inc. Date: February 15, 2024 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 If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one (1) 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) Tel.Number Address ' Print Name: Christian Brinson Signature and !1`f of Authorized Signatory for Bidder/Responder STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of f physical presence or❑ online note ", ation, on o (date) (name of affiant).CHe)She is personally known to me or has produced (type o ide 'tificton as_, !entifu tion. 3 748 COW- 02 F YPFaWarl NOTARY J. LIB. .... My commission expires: PROPOSAL FORM 00120-Page 32 of 229 310 Big Pine Community Park Amphitheater PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Pedro Falcon Contractors, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: February 15, 2024 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of C'`physical presence or❑ online notarization, on � �° 2,0 (date) Y (name of affiant). lEt is personally . �_ ,. known to me or has produced (type of identification) as identification, ryrye�{{yA 61lI Idd. 419 ryy^j�j,y 3 67485 Y m2 , P�t� c-state atmfld"' NOTARY P013 fG _... kit (SEAL) My commission expires PROPOSAL FORM 00120-Page 33 of 229 311 Big Pine Community Park Amphitheater VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Big Pine Community Park Amphitheater Respondent Vendor Name: Pedro Falcon Contractors Inc. Vendor FEIN: 59-25502.31 Vendor's Authorized Representative Name and Title: Christian Brisson, as President Address: 31160 Avenue C City: Big Pine Key State: Florida Zip: 33043 Phone Number (305) 872-2200 ext. 26 Email Address: cb@pedrofalcon.com .. .Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Christian Brisson who is authorized to sign on behalf of the above ref 6,0 I" mpany. a ,, Authorized Signature: Print Name: Christian Brisson Title: as President Note: The List are available at the following Department of Management Services Site: httio'li/wviw,dtiis,riily,florida.com/bLrsiness opera ho ns/state urchasing/vendor informaCion/coiivucted says ended discriminatgf oor la�ndor lists PROPOSAL FORM 00120-Page 34 of 229 312 Big Pine Community Park Amphitheater PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers' Compensation Statutory Limits Employers' Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 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 $300,000 Combined Single Limit (Owned, non-owned, and hired vehicles) If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage Builders 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 Section 255.05, Florida Statutes. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, actions, INSURANCE REQUIREMENTS AND FORMS 00130- Page 41 of 229 313 Big Pine Community Park Amphitheater 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 fr om any and all increased expens es resulting fro m 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 r PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130-Page 42 of 229 314 Big Pine Community Park Amphitheater 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 GL #00123482-2 $2,500 BI/PD per Occurrence Auto #CA209293909 $0 Deductible BI/PD per Accident Excess Liability #00138713-1 Excess Over Underlying Policies Liability policies are X Occurrence Claims Made Bowen, Miclette & Britt of Florida, LLC 4 Insurance Agency Signat+ ,e 010r- End of Section 00120 INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 229 315 710/26/2023 E(MM/DD/YYYY) ACCORD® 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 p//CNNo Ext: (407)647-1616 a/c No:(407)628-1635 850 Concourse Parkway S (A AMAIL Suite#105 ADDRESS: mrushing@bmbinc.com Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Company 23396 INSURED PEDROFALCO INSURER B:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURERC: Big Pine Key FL 33043-4516 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:660228384 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-2 11/2/2023 11/2/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $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 jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA209293909 11/2/2023 11/2/2024 COMBINED SINGLE LIMIT $ Ea accident 1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B UMBRELLA LAB X OCCUR Y Y 00138713-1 11/2/2023 11/2/2024 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC20945260902 11/2/2023 11/2/2024 )( PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A (Mandatory in NH) - ,.� E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe underyfs' 11•m'rt DESCRIPTION OF OPERATIONS below ,,. E.L.DISEASE-POLICY LIMIT $1,000,000 10.2 23 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: Contact Name shown above. When required by written contract,those parties listed in said contract, including the Certificate Holder,are added as additional insureds with respect to the General Liability including ongoing and completed operations,Auto Liability,and Umbrella Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Umbrella See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 316 AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette& Britt of Florida, LLC Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C POLICY NUMBER Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract, including the Certificate Holder. The General Liability certified herein are primary and non-contributory to other insurance available, but only to the extent required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 317 Policy#00 123482-2 Effective Dates: 11/2/2023-111212024 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided uindler the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s) Of Covered Operations Where required by written contract or written agreement. All operations of the Named Insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is Ain Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, bust only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" '.property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended uise by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 (K) ISO Properties, Inc., 2004 Page 11 of 1 El 318 Policy#00 123482-2 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/212023-11/2/2024 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 Persoin(s) Location And Description Of Completed Opera- Or Organization(s): tions Where required by written contract or written agree- All operations of the Named Insured. ment, 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 insuiredl the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured andl included in the "products- completed operations hazard". CG 20 37 07 04 (K) ISO Properties, Inc., 2004 Page 1 of 1 El 319 Policy#00 123482-2 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/2/2023-11/2/2024 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endlorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 a Insurance Services Office, Inc., 2008 Page 1 of 1 13 320 Policy#00123482-2 Effective Dates: 11/2/2023-11/2/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 321 Policy Effective Dates: 11/2/3023'11/2/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. FLORIDA ������������� x m���"������ �������u� m ������ ��������U�U AUTOMOBILE ����� ������ ����������� ����.�w"�"��m���"��m� ��w� . ��.�.��������� ��o������° 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 he 1. EXTENDED CANCELLATION CONDITION C0&8K8<]N POLICY CONDITIONS -CANCELLAT|ON. Paragraph A.2.is replaced bythefm||owing: 2' We may cancel this policy bymailing or delivering to the first Named Insured written notice of cancellation at least: o. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION 11-LIABILITY COVERAGE A.1.WHO 8SAN INSURED ia amended bythe addition uf the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; /2\ Coverage does not apply to^aooidento^or^|wmo^that occurred before you acquired or formed the organization;and /3\ Coveragedmoonotmpp|ytoanorganizationthatimmm^inounmd^ underanyutherpnBoyormmu|db*an "insured"but for its termination or the exhausting of its limit of insurance. e. Any^emp|oyee''of yours using: /1\ A covered"auto"you do not own,hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or /2\ An"auto"hired or rented under a contractor agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)whi|e using o covered"auto" rented from you ur from any member of the''emp|oyoe'o"household. f' Your members, if you are a||m|had liability company,while using a covered''mmto'^you du not own, h|re, or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to pruvideinmunancoeuohasiseKbrdedmnderthiepo|icy. buton|yvviihreapeottoyuuroovered''au(ms" This provision does not apply: /1\ Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury" ur"property domege~; Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 1of6 322 (2) To any person or organization included as an insured by an endorsement or in the Declarations; or /3\ To any lessor nf^autoa^unless: (a) The lease agreement requires you toprovide direct primary insurance for the lessor; /b> The^auk/ io leased without a driver;and (C) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered ^autos"you hire. M. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not app|ytu^budi|yirjury''or^propertydamnuge~0orwhicham''inaured''ima|moun insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically im excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION 11- LIABILITY COVERAGE,A.2.a.Supplementary Payments, paragraphs(2)and (4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations)required because cfon~aooident''wecover. VVedo not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at ouir request, inclu�ing actual loss of earnings up to $5OQo day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION 11-LIABILITY COVERAGE,B.EXCLUSIONS, paragraph,5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to anyfellow"employee"of the"insured"arising out of and in the course of the fellow ^emp|nyee'e~emp|uymnentmrwhi|eperfmrmingdutienre|atadtothauonduutofyourbuninema. Hovvavar,thiw exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use ofa covered"muto"you own, hire orborrow. Coverage io excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. UnderSECT|ONKNU-PHYSUCAL DAMAGE COVERAGE,A.COVERAGE,the following�sadded: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the"employee's" name,for the purpose of doing your work. VV*will provide coverage equal to the broadest physical dannag000varogaapp|ioab|etoamynovered''auto'`ohov*nintheOec|araUono. |temThnee. Sohedu|eof Covered Autos You Own, oron any endorsements amending this schedule. 13. UnderSECTUONN|N-PHYS|CAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss mf Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured"'becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contractor agreement. VVo will pay for loss of use expenses hf caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered^muk`''; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage io provided for any covered^auto'';or Includes copyrighted material of Insurance Services Office, Inc. Page 2pf6 CA 71710508 323 DU Coll i sion,on ly if the Declarations in�icate that Col lision Coverage�s provided for any covered ^aubo". However,the most we will payfov any expenses for loss of use is$3O per day,hoa maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b.,Other Insurance�s deleted and replaced hy the following: b. For Hired Auto Physical Damage Coverage,the following are deemed tobo covered~aukm^you own: 1. Any covered^auto^you lease, hire, rent orbornow-,and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"'auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto", nor is any"auto"you hire from any of your"employees", partners(if you are a partnership), members(if you are o limited liability oompany).or members of their households. G. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following iaadded: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the evontofaoove,edto*e|''|000^. emyunpaidamountdueonthe |eaoeor|omnforeoowmrod''euto'^, |emo: /a\ The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges reaw|Ung from overdue payments ai the time of the^|oss^� (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan urlease; (4) Security deposits not refunded bya|esaor� and (5) Carry-over balances from previous loans orleases. 7. RENTAL REIMBURSEMENT SECTION 111-PHYSICAL DAMAGE COVERAGE,A.COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4' Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered''|oos" We will pay only for those covered^au8oe^for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. VVo will pay fortronmportsdionexpenmea|ncurredduringiheper|odboginm|mA24hmursakerihecoven*d^|oos^ endonding, regmnd|0000fthepn|ioy'oexpiration.w/hon1heouwmred''muto''iwntunmedtouaenrwe poyfor its"|cmn" This coverage hsinaddibomto the othemviseapplicable coverage you have omo covered"auto". No deductibles apply tu this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 3pf6 324 8. AIRBAGCOVERAGE SECTION III~PHYSICAL DAMAGE, B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss" caused by or resuilting from any of the following unless caused by other"loss"that is covered�bythhoinsurance: a. Wear and tear, freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge ofonairbag. b. Blowouts,punctures or other road damage totires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies ba glass damage. 10' COLLISION COVERAGE—WAIVER OFDEDUCTIBLE SECT|ONUNU-PHYSUCALDAMAGE COVERAGE,0.DEDUCTIBLE hm amended Uo add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "louu^was caused byo collision with another^outo~insured byus. 11' KNOWLEDGE OFACCIDENT SECTION NV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES|N THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph e.io deleted and replaced by the following: m' YoumuetaeetoitthoiweerenoUfiedaaauunmsprautioab|ecfan''mccidant'^,dmimn.^euit''or^|osa^' Knowledge ofmn^aooid*nC',claim, ''ouit''or^|000''by your^omnp|oyeeo~shall not,im itself, constitute knowledge tn you unless one cf yourpohmema. exeoutiveoffioeny, dineobora.mamagers,nrmembers(|Tynu are a limited liability company)has knowledge of the^uuuidonC'.claim,^muit^o,^|ouu" Notice should include: N\ How,when and where the"a:cdant"or^louo occurred; CQ The"inmured�"name and address; and (3) To the extent possible, the names and addresses cf any injured persons and witnesses. 12- TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV~BUSINESS AUTO CONDITIONS A-5.TFUANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US io 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 Uous. That person or organization must doeverything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. Howevar,iftha insured has waived rights to recover through a written contract,or if youir 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 SECT|ONNV-BUS|NESSAUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD im amended by the addition,of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing asof the inception date of this policy. You must report tome any knowledge ofan error or omission imyour representations mo soon as practicable after its d�isouvery. This provision does not affect our right tmcollect additional premium or exercise our right of cancellation ormon+enewo|. Includes copyrighted material of Insurance Services Office, Inc. Page 4pf6 CA 71710508 325 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto,: Limit mfInsurance Deductible $250 A. Coverage 1. VVewi||pay.withnmopeotomuowor*d''auto~deooribedimth*abovoSohedm|o.h»r''|000~toany electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction cfsound. This coverage applies only if the equipment�mpermanently inata||ed |niheoovere6''auto''attheUmeofthe''|oma^ ortheequipnnaniieremowabhafrmmahouaimg unitthutiapermanemt|yinobaUedimtheoovered~auom~atthodmoof^|ono''.andmuohoquipmentia designed&obe solely operated by use ofthe power from the^auto'u''electrical system,inor upon the covered"auto". 2. VYevvi||poy.withnoopecl0000vened^outo^deeoribedim1heabovoSchedm|e.for''|ooe~1oany accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes, records ordiscs. B. Exclusions For purposes of this provision 14,the exclusions that apply to Physical Damage Coverage,except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply lo coverage provided by this endorsement. Un addition,the following exclusions apply: We will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Naoamamryfurthenurma|opanatiunufthecoverad^outo''orlhemonitorinQcftheoovarad''auto's" operating system;or 2. Both: a. Am integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto";and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation oforadio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equiipment,whether permanently installed ur temporarily mounted inoron the covered^aubo' C. Limit ofInsurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage iareplaced by the following: 1. Themmoatvvevvi||payfura|U''|owe''toaudio^vimua|ordabaa|eotnonicaquipmen(andanymccemaohae used with this equipment, ao described in paragraph A.above, asa result nf any one^aooident', |s the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss"; or b. The cost of repairing orreplacing the damaged or stolen property with other property of like kind and quality;or C. The amount shown 1m the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 5pf6 326 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time cf the^|pmn^ 3. |fa repair or replacement results im better than like kind orquality,we will not pay for the amount of betterment. D. Deductible 1. |f''|oas'io the audio, visual ordata electronic equipment or accessories used with this equipment, as deouhb*dimpanagnaphA.above^ ietben*eu|tofa"|oee~totheowvened"aubo' underthisCovermge Furm'o Comprehensive or Collision Coverage,then for each covered^auto''our obligation tu pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown im the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does nn1app|yto^|nsn~tnaudin.visua|mrdatam|ertrnninwquipmnntcaunedbyfin*or|ightminB. 2. If"loss" to the audio, visual or data electronic equipment or accessories used with this equipment,as deomhbadinpanagnaphA.ebova^ iatbenasu|twfa''|ons~tuthe*zvmred'`emtu^undarthinCovemoge Form'aSpecifiedCauoeocfLowoCoweraAe.thenhoreachoowered''muto~owrob|igadontopmyKzr, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown im the Schedule cfNnendorsement. 3. If"loss" occurs solely to the audio,visual or data electronic equipment or accessories used with fts equipment, as described in paragraph A.above,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen propertywill be reduced bythe applicable deductible shown im the Schedule cfftvendorsement. 4. In the event that there is more than one applicable deductible,only the highest deductible will apply. Unno event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, iavoid ifCA00 60,Audio,Visual And Data Electronic Equipment Coverage, is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6pf6 CA 71710508 327 Policy#O0138713'1 Effective Dates: 11/2/2023'11/2/2024 ��������������N��U ������ LIABILITY POLICY ����n�nnmm�~n`���m»~xu~ �~�e���~���� PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy and any underlying insurance(s)carefully to determine rights, duties and what is covered and not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under the"underlying insurance".The words "we" and "us" refer to the COMPANY shown in the DECLARATIONS. Other words and phrases that appear in quotation marks or bold print have special meanings. Refer to the Definitions—Section V. SECT|ON 0— EXCESS LIABILITY INSURANCE INSURING AGREEMENT: VVew/i|| peythoaesumsinaxmyamofthoaohedu|ed "undadyinginauranue(m)"thatyumbauome legally obligated to pay as damages because of injury or property damage to which this insurance epp|ian, providedthetthedamagemwou|dbecowaredbytheaohedu|ed "under|yinginmurenue(a)". or would apply but for the exhaustion of the applicable Limits of Insurance. This policy shall follow the terms, definitions, conditions and exclusions nf the scheduled "underlying insurance(s)", subject to the policy period, policy limits, premiums and all other terms, definitions, conditions and exclusions of this policy. If any provisions of the scheduled "underlying inounmnce(u)^oonOictwithonyproviaionamfthispo|ioy.thapnovioiqnmofthimpo|icyvxiUopp|y This policy will not in any event provide broader coverage than those provided by the scheduled ^underlying insurance(o)~ The amount we will pay for damages shall not exceed the Limits of Insurance shown in the Declarations. SECTION 1|—LIMITS OF INSURANCE Regardless of the number of(1) Insureds under this policy, (2) persons or organizations who sustain injury or damage or(3)claims made or suits brought,the Company's liability is limited as follows: 1. The Limits of Insurance under this policy apply only when the total applicable limits of the scheduled "underlying insurance(s)" have been exhausted by the payment of claims for damages. 2. The Limit of Insurance shown in the Declarations as Each Occurrence is the most we will pay for damages because of bodily injury, property�amage, personal and advertising injury arising out mf any one occurrence oroffense. 3. The Limit of Insurance shown in the Declarations as the Annual Aggregate is the most we will pay for all damages. XCQ002US88-07 Page 1of5 328 4. The Limits of Insurance of this policy apply separately to each consecutive annual period and ho any remaining period of less than 12montha, starting with the beginning ofthe policy period shown in the Qen|anations, unless this policy is extended after issuance for on additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding policy period for the purposes of determining the limit of insurance. SECTION III—DEFENSE, INVESTIGATION AND SETTLEMENT The Company will have the right and be given the opportunity to participate in the investigation, defense and settlement of claims or suits against you seeking damages because of injury to which this insurance may apply. VVe will have u duty to defend such claims or suits when the app|icab|e |imoitoofimaunmnueimthoauhodu|eof'`umdedyingimuunynoo(a)~haobeemexhaumted by payments of judgments, settlements and any costs or expenses subject to such limit. We may, at our discretion, investigate and settle any claims orsuits. Subject hn the above provisions, costs incurred by you shall be paid oafollows: a) All costs incurred by you without written consent of the Company shall be paid by you. b) If a claim or suit is settled within the limits of insurance of the scheduled "underlying inauranoo(m)~. no costs will be payable by the Company. u) When we assume the defense of any claim or suit against you that seeks damages covered by this policy, we will pay all costs to the extent that such payments are not covered elsewhere. d) If the scheduled "underlying insurance(s)" include defense costs and expenses within the lim,its of insurance of those policy(ies), then any such payments we make are included and will reduce the Limits of Insurance as shown in the Declarations. In the event you or the underlying insurer(s) elect not to appeal a judgment in excess of the limits of the scheduled "underlying insurance(s)"we may elect to make such an appeal. If we so elect, we ehe|| incur and pay, in addition to the applicable Limits of Insurance all costs or expenses we incur. The amount we will pay for damages shall not exceed the Limits of Insurance shown in the policy Declarations. We will have no duty to investigate,defend or settle claims or suits brought against you once the Limits of Insurance of this policy as shown in the Declarations are exhausted, or if claims or suits brought against you are excluded from coverage under this policy. SECTION Iu—EXCLUSIONS In ad�ition to the exclusions included in the scheduled "underlying insurance(s)", any endorsed exclusions, or listed herein will also apply io the Limits of Insurance and coverages available under this policy. If there are conflicts in the exclusions of the scheduled "underlying insurance(s)"with any of the exclusions of this policy, the exclusions of this policy will apply. >(C0002US88-07 Page 2of5 329 1) Un1naurmd8fndmMinsured �Motorists—this policy does not apply to: Any liability, loss and/or domagn. expense, costs, or defense arising out ofany: o) Uninsured nrUndehnsun*d Motorist law; or b) No Fault Law or similar act or law; or r) Any automobile accident reparation |ew. SECTION V—DEFUN|T|ONS f. "Underlying |nsunance(o)^—means: The policy orpolicies or self insurance listed in the Schedule ofUnderlying Insurance forming o part of this policy, any replacements or renewals thereof, provided that such replacement or renewal policy(ies) provide coverage equivalent to and afford limits of insurance equal to or greater than the po|iuy(iem) being renewed orreplaced. a) Policies purchased or issued for newly acquired or newly formed organizations shall not be more restrictive than any of the policies included in the Schedule of Underlying Insurance. b) The limits of the policies included in the Schedule of Underlying Insurance shall be deemed to be applicable regardless of |. Any defense which the underlying insurer may assert; or ||. The |naured'a failure ho comply with any condition of any such policy; or |||. The insolvency of the underlying insurer. SECTION V|—CONDITIONS If any conditions of the scheduled "underlying insurance(s)" conflict with any conditions of this policy, the conditions of this policy will apply. 1) Maintenance pf Underlying |neunanoe(e)� You will maintain the"underlying ineunonma(n)~in full force and effect during the term of this po|icy, and to inform us within 30 days ofany replacement ormaterial change bzthat ^underlying inounonue(o)^ by the same or any other company. If you do not maintain the"underlying inawnynoe(a)^in full fmnoo and effect orfail to meet all conditions,terms and warranties of such "underlying insurance(s)", this policy will apply aaif those policies were available and collectible. The aggregate limits of the"underlying insurance(s)"shall be unimpaired at the effective date nf this policy and,for the purpose of the insurance provided by this policy,only occurrences taking place during the term of this policy shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. If replacement policies provide coverage that is broader or limits of insurance that are less those indicated in the scheduled "underlying insurance(s)"then this policy will apply aaifthoierrma. 00nditionamnd |imiboofthomrigina| aohedu|ad ^mndar|yinginaurunoo(m)~ were still available and collectible,except insofar as this policy has been endorsed in writing io reflect such changes in the"underlying inmwnanne(s)^ >(C0002US88-07 Page 3of5 330 Your failure xn comply with the foregoing shall not invalidate this policy, but |n the event o0 such failure,we shall be liable under this policy only ho the extent that we would have been liable if you had complied. Forthepurposesofth|npoDoy. |fony~undedying |neuronce(o)" isnotavoUob|eor collectible because ot a. The bankruptcy or insolvency of the underlying insurer(s) providing such "underlying inauranoo(a)~; or b. The inability or failure for any other reason of such underlying insurer($)to comply with any of the obligations of its policy; then this policy shall apply (and amounts payable hereunder shall be determined) ae0 such"underlying inaunence(s)''were available and collectible. No statement contained in this condition limits our right to cancel or not renew this policy. 2) Other Insurance: This insurance is excess over any other valid and collectible insurance whether primary, excess, contingent,or any other baaia. exmyptanyotherinaunynoewridenap*oifiva||yto bo excess over this policy. 3) Duties Nnthe Event of an Occurrence, Claim, urSuit: You must see to it that we are notified as soon as practicable of an occurrence that may result ino claim for damages or suit under this policy. To the extent possible, notice should include: a) How, when and where the occurrence took p|ace� b) The names, addresses of any injured persons and any witneomoo� and o) The nature and location of any injury or damage arising out of the occurrence. If a claim is made,or suit is brought against you,which is reasonably likely to involve this policy,you must notify us in writing, Written notice should be mailed to the Company at the address shown on the Declarations page of this policy. You and any other"insured' must immediately send um copies of any demands, notices, summonses, or legal papers received in connection with the claim orsuit. In addition, you must authorize us to obtain records and other information, cooperate with us in the investigation, settlement and defense of the claim or suit and assist us upon our request, in the enforcement of any right against any person or organization that may be liable to you because of injury or damage to which this policy may apply. You, except at your own cost, will not voluntarily make payment, assume any obligation or incur any expense without our consent. 4) Transfer mfY'olur Rights and Duties Under this Policy: Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally incapacitated, bankrupt or insolvent, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. |n any event, Notice of Cancellation sent bo the first Named >(C0002US88-07 Page 4of5 331 Insured as shown in the Declarations, and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. XCO002US 06-07 Page 5 of 5 332 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not mmfomu* our right against the po/eun or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." The endorsement does not apply to policies or exposure in Missouri where the employer is in the construction grouip of classifications. According to Section 287.150(6) of the Missouri statutas, o contractual provision purporting Lmwaive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in, Missouri, the following must be included in the Schedule: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction, group ofclassifications as designated by the waiver of right 0o recover from others (aubrngotinn) rule in our manual. Thiio endorsement changes the policy to which it is attached and is effective nn the date issued unless otherwise stated. (The information below ho required only when this endorsement isissued subsequent tn preparation cf the po|ioy.) Endorsement Effective 11/3/2033 Policy No. VVC30945280902 Endorsement No.0 |»mumd Pedro Falcon Electrical Contractors Inc. pnemium$ Insurance Company Annerisurm Mutual Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1nV3mutna| �ounom on Compensation |muonoo� *a*p�m�«^p~«= � 333