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Home My WebLink About03/25/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 28, 2025 TO: Beth Leto, Business Manager Airports April Pearson Florida Keys Marathon International Airport FROM: Liz Yongue, Deputy Clerk SUBJECT: March 25, 2025 BOCC Meeting The following items have been executed and added to the record: I4 Change Order No. 6 with Air Mechanical & Service Corporation extending contract time by 223 days from August 15, 2024 to March 27, 2025 for the contractor to submit final pay applications for the Chiller Replacement project at the Florida Keys Marathon International Airport. The project is funded by FDOT Grants GIP50 and/or GIP52 (80%) and Airport Operating Fund 403 (20%). I11 Contract with Pedro Falcon Contractors, Inc., in the amount of$517,385.00 for the Florida Keys Marathon International Airport Impact Windows and Doors Project. All project costs will be funded with FDOT Grant GIP52 (80%) and Marathon Airport Operating Fund 403 (20%). Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents S E C T I O N D CONTRACT Window & Storefront Door Replacement Florida Keys Marathon International Airport THIS AGREEMENT made and entered into the 25th day of March, 2025 by and between Pedro Falcon Contractors, Inc. Contractor, and the Monroe County Board of Commissioners, Key West, Florida, Owner. WITNESSETH: That the Contractor, for the consideration hereinafter fully set out hereby agrees with the Owner as follows: 1. That the Contractor, shall furnish all the materials, and perform all of the work in the manner and form as provided by the following enumerated documents; Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions, Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are attached hereto and made a part hereof, as if fully contained herein, for the construction of: Window & Storefront Door Replacement Florida Keys Marathon International Airport Monroe County, Florida 2. That the Contractor shall commence the work to be performed under this agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within one hundred twenty (120) calendar days from the Notice-to-Proceed (Construction) as per Special Provision No. 2. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of the agreement, subject to additions and deductions as provided in the contract documents the Contract Lump sum of Five hundred seventeen thousand three hundred eighty-five dollars and zero cents ($517,385.00) 4. On or before the 15th day of each calendar month, the Owner shall make partial payment to the Contractor on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Contractor. County shall pay in accordance with the Florida Local Government Prompt Payment Act. Each Application for Payment shall be based upon the Schedule of Values for the project. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Airports may require. This schedule, unless CONTRACT II-1 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents objected to by the Director of Airports, shall be used as a basis for reviewing the Contractor's Applications for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work, less retainage of ten percent 10%. Payment will be made after delivery and inspection by County and upon submission of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within twenty (20) days after the completion by the Contractor of all work covered by this agreement and the acceptance of such work by the Owner. 6. It is mutually agreed between the parties hereto that time is of the essence in this contract and in the event the construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the amounts described in the Liquidated Damages, Special Provision No. 3, per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the Owner will have sustained per day by failure of the Contractor to complete the work within the time stipulated and this sum is not a penalty being the stipulated damages the Owner will have sustained in the event of such default by the Contractor. 7. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or its authorized CONTRACT II-2 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the County. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public 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 CONTRACT II-3 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL 33040, ublicrecords monroecounty-fl.gov, (305) 292-3470. 10. HOLD HARMLESS AND INSURANCE: The successful Respondent shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of , or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors or other invitees during the term of the Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or omissions, or other CONTRACT II-4 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents wrongful act or omission of Respondent or any of its employees, agents, sub-contractors or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms the 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 Respondent). 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, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of the Agreement, this provision will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 13. NOTICE REQUIREMENT: Any notice required or permitted under this CONTRACT II-5 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Beth Leto, CPM Deputy Director, Airport Finance & Administration Key West International Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 FOR CONTRACTOR: Christian Brisson, President Pedro Falcon Contractors, Inc. 31160 Ave C Big Pine Key, Florida 33043 14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe COUNTY, Florida. 15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. 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 CONTRACT II-6 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents 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. 17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 19. COOPERATION: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 21. 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. 22. 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. CONTRACT II-7 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents 23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 24. 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. 25. 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. 26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and COUNTY and CONTRACTOR hereto may execute this Agreement by signing any such counterpart. 27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism CONTRACT II-8 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. CONTRACT II-9 • • • . • .:Window and Storefront.Door Replacement • • . ' :November 2024: • ' ' '. . • . . Monroe•County,Florida: - :.' . • :- - - :• - 'Bid•Documents - • . • • •WITNESS WHEREOF-the:parties hereto have:executed•this agreement on the day and:date.: • • : i ' ' •• first:above:written in two:(2).counterparts; each.of'whi.ch ishall,1wjthout:proof or accounting.for.the :• • ,other:counterpart, be•deemed-an.original'contract. : : : : • • . �r>L rarw.•.,u • „,..,,,---...,,,,I.,,,,,,e-0,--,0cDrk1/4,;,,,,,,, . • tEAL' J1. . ,, : • ' •: - BOA•RD"OF C •O•UNTY C •OMMISSIONERS ' ' 4' m;�, '":974 ) 4EVIN MADOK,••CLER.K. • -OF MONROE COUNTY,'FLORIDA : 1 • •• • • . • •..„-...,..,,. '•(,,,,,,,,k ,1,,,„,;.4,1, L..„,,,,,,• •- : • • . • . • ii, • . •. 0 • .,, ,, . . •• • • . . • • . •.,.--. ,.,,,,,,,„j ,,,,-„,.:„,„„ ., . .. :. •• .• • • .• .. . . • . . • .• A 4' •" . : . : .... • : • • 1 : . • ' :altL :. . . -fi :.., .i '• . 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L•4,...'. : : :R .. i : • §;;': :•-:: : •• i : .: . . - : i : : . .: : • - • : : • . • : .: : . • i- . i CONTRACT : : : 11-10 .: : Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents INTENTIONALLY LEFT BLANK CONTRACT II-11 Window and Storefront Door Replacement November 2024 Documen Monroe County, ts Florida _.._. .....� _. ,_ . .. Bid __. SECTION E DRUG FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087, hereby certifies that: Pedro Falcon Contractor's,Inc. 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Sub-section (1). 4. In the statement specified in Sub-Section (1), notify the employees that as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certi th t this firm Co 1 11 ��with the above requirements. _ n � � w Bidder's Signature Date: January 22,2025 BIDDING REQUIREMENTS AND CONTRACT FORMS I-24 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents SECTION L SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES This form must be signed and sworn to in the presence of a Notary Public or other official authorized to administer oaths. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for Pedro Falcon Contractor's,Inc. 2. This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is 31160 Avenue C Big Pine Key,FL 33043 and (if applicable) its Federal Employer Identification Number(FEIN) is: 59-2550231 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 3. My name is Christian Brisson and (please print name of individual signing) my relationship to the entity named above is Owner, President 4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 5. 1 understand that "convicted" or "conviction", as defined in Paragraph 287.133(1)(6), Florida Statutes, means a finding of guilt or a conviction of a public entity crime with or without an adjudication of guilt in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo contendere. BIDDING REQUIREMENTS AND CONTRACT FORMS 1-36 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents 6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. 1 understand that a "person", as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 , 1989, AND (please indicate which additional statement applies) There has been a proceeding concerning the conviction before a Hearing Officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the Hearing Officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the Final Order.) BIDDING REQUIREMENTS AND CONTRACT FORMS I-37 Window and Storefront Door Replacement November 2024 Monroe County, Florida Bid Documents The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The Final Order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the Final Order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Signature of Authorized Representative: Christian Brisson President January 22,2025 Title Date NOTARIAL JURAT STATE OF: Florida COUNTY OF: Monroe Subscribed and swom to (or affirmed) before me, by means of 0 physical presence or❑ online notarization, on (his 22nd dory oflanuary 2025 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification, M °x� NOTARY PUG l .* k1aT * •tNUA4H,S MH 123807 KPS Aptlf 28.2025 "` BIDDING REQUIREMENTS AND CONTRACT FORMS I-38 Window and Storefront Door Replacement November 2024 Monroe County, Florida Bid Documents SECTION M SWORN STATEMENT UNDER ORDINANCE NO. 10-1 90 q! ONROE COUNTY FLORIDA ETHICS CLAUSE I Pedro Falcon Contractor's,Inc. warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price or otherwise recover the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. (Signature) Date: January 22,2025 NOTARIAL JURAT STATE OF: Florida COUNTY OF- Monroe Subscribed and sworn to (or affirmed) before me, by means of El physical presence or❑ online notarization, on this 22nd day of Tanuary 2025 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. M 410 11 NOTARY PUBL . yM� ., HH I . q�28 ,�025 w State "0 0, w, tiw BIDDING REQUIREMENTS AND CONTRACT FORMS 1-39 Window and Storefront Door Replacement November 2024 Monroe Coun ,Florida Bid Documents SECTION Q NON-COLLUSION AFFIDAVIT 1, Christian Brisson , of the city of Big Pine Key , according to law on my oath, and under penalty of perjury, depose and say that: 1) 1 am President of the firm of Pedro Falcon Contractor's,Inc. , the bidder making the bid proposal for the project described in the Notice for Calling for bids for: Florida Keys Marathon International Air ort and that I executed the said proposal with full authority to do so: 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in a ar r - ntra is _said project. .._ January 22,2025 (Signature of the Bidder) (Date) NOTARIAL JURAT STATE OF: Florida COUNTY OF: Monroe Subscribed and swom to (or affirmed) before me, by means of lrhysical presence or❑ online notarization, on this 22nd day of JanLl a ,2025 (date) by Christian Brisson (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. p Wwm NOTARY PURI 1C IQ' , d Errol BIDDING REQUIREMENTS AND CoON T 1. I-49 a 111111111�b. Window and Storefront Door Replacement November 2024 Monroe Coun ,Florida Bid Documents ................. SECTION T VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Deseription(S):Window and Storefront Door fie lacement Respondent Vendor Name: Pedro Falcon Contractor's,Inc. Vendor FEIN: 59-2550231 Vendors Authorized Representative Name and Title: Christian Brisson Address: 31160 Avenue C City. Big Pine Key State: Florida Zip: 33043 Phone Number: 305-872-2200 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. understand that pursuant to Section 287.135, Florida Statutes,the submission of a false certification may subject company to civil penalties, attomey'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 gsi n on behal� _. b e refer d �a� A Authorized Sig nature: Print Name: Christian F3rsworv-"" Title: President Note: The List are available at the following Department of Management Services Site: hftp://www.dms.mAorida.com/business operations/state purchasing/vendor information/convi cted, suspended discriminato complaints vendor lists BIDDING REQUIREMENTS AND CONTRACT FORMS I-52 Window and Storefront Door Replacement November 2024 Monroe County,Florida Bid Documents SECTION U AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Entity/Vendor Name: Pedro Falcon Contractor's,Inc, Vendor FEIN: 59-2550231 Vendor's Authorized Representative: Christian Brissson President (Name and Title) Address: 31160 Avenue C City: Big Pine Key State: Florida Zip: 33043 Phone Number: 305-872-2200 Email Address: cb@pedrofalcon.com As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: Christian Brisson who is authorized to sign on behalf,of,.t� b ov referle I enced company. Authorized Signature ,k Print Name: Christian Brinson Title: President BIDDING REQUIREMENTS AND CONTRACT FORMS I-53 State of Florida Department of State I certify from the records of this office that PEDRO FALCON ELECTRICAL CONTRACTORS INC. is a corporation organized under the laws of the State of Florida, filed on May 21, 1985. The document number of this corporation is H58348. I further certify that said corporation has paid all fees due this office through December 31, 2025, that its most recent annual report/uniform business report was filed on January 7, 2025, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Seventh day of January, 2025 Tracking Number: 4790593885CC To authenticate this certificate,visit the following site,enter this number,and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication I z O c c v E u � O W p = V) W GC J cn W W U � A) J m Z o a "U r P Z W /% / N u c N VI U ld i �I /of Q /�Jl j mil ! /ai I `M, uj LL _ N t O a-J /201 ,1 /r �, " CJ LL N O f % /r 0/ �' � (j O C N L co E �It LL 0 LL Zi,Y Af7A" a o fu f 1l Q1 O /f C Q VON" v� O a ,/� /,� > W J �Y /' �,d��,// ��r r:.,rti ' �!' Yr � Jo W( O /� ,(1,(fhl�V1�� (�(b l; t, 7��'�a >< ( 1 / a- C Eel flf,'�i„�.. LLI , 1/ .�� (/ czi L ��dl��S �f �inYdw V O oil Q � LL W LU z > a �� ,��„�� a V) z z LU LLI a u c O W V = tf h �- O 4 N a T o W H (it /�� I ..... 70 �C'�' omooi 00000mumoo Z O a--; 217 F— E M u W O N ' ^ (N W W U +� LD DC O p LU v �, 4-1 ZY a) Z 0 'o o1 /' �pOIL, /'11111' O / // Q V N vOi O 0 v Cn MA 4-1 N lAi G LL 011 LL ///%%//% " !i ll /% W UO O Z O Cu i%r — W O D +j W -1-1 O / Cu �� %/f��'� ,/ %i �i V }� V / � L .i 1 i /�' / /rn / ,' A O � 'i f6 // O EL J 1r �/ Cu FL > xLLI - W o Z U 0 > W W w a o J W W cn Q •— FRI 0 a � W H 0 � Q Sri IL yr r Y I � 2024 / 2025 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2025 RECEIPT# 30140-9801 Business Name: PEDRO FALCON ELECTRICAL CONTRACTORS INC Owner Name: PEDRO FALCON, CHRISTIAN N BRISSON Business L 31160 AVE C Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Location: BIG PINE KEY, FL 33043 31160 AVE C Business Phone: 305-872-2200 BIG PINE KEY, FL 33043 Business Type: CONTRACTOR(GENERAL/ELECTRICAL 3RD QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 _ 25.00 0.00 0.00 0.00 25.00 Paid 120-23-00006655 07/16/2024 25 . 00 THIS BECOMES A TAX RECEIPT Sam C. Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENSING REQUIREMENTS. MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEPTEMBER 30, 2025 Business Name: PEDRO FALCON ELECTRICAL RECEIPT# 30140-9801 CONTRACTORS INC 31160 AVE C Business Location: BIG PINE KEY, FL 33043 Owner Name: PEDRO FALCON, CH RISTIAN N BRISSON Mailing Address: QUALIFIER, ROBERT D ALLSBROOK Business Phone: 305-872-2200 31160 AVE C Business Type: CONTRACTOR (GENERAL/ELECTRICAL 3RD BIG PINE KEY, FL 33043 QUALIFIER STATE LIC EC13003416) Employees 10 STATE LICENSE: EC0001491/CGC1507617/ Tax Amount I Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid 25.00 0.00 0.00 0.00 25.00 Paid 120-23-00006655 07/16/2024 25 . 00 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 3/10/2025 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 a//C"No 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: 1088767256 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 00123482-3 11/2/2024 11/2/2025 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 CA20929391002 11/2/2024 11/2/2025 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 00138713-2 11/2/2024 11/2/2025 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC20945261002 11/2/2024 11/2/2025 )( 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 under ISX T DESCRIPTION OF OPERATIONS below �' •y �,,,,,_ E.L.DISEASE-POLICY LIMIT $1,000,000 Bye_ P _.1025.,, .._,_ .._._...,,. WAW KA_X :,. 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 Excess 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 Excess See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 1100 Simonton Street Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACOOR 0 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. Jobsite: Florida Keys Marathon International Airport Job Description: Window&Storefront Door Replacement ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#00123482-3 Effective Dates: 1112/2024-11/212025 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 Policy#00123482-3 Effective Dates: 11/2/2024-11/212025 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured 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 11 of 1 ❑ Policy#00123482-3 COMMERCIAL GENERAL LIABILITY Effective Dates: 1112/2024-11/212025 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement. information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 a Insurance Services Office, Inc., 2008 Page 11 of 1 Policy#00123482-3 Effective Dates: 11/2/2024-11/2/2025 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 Poicy#CA2OA2Q3Q1OO2 Effective Dates: 11/2/2O24-11/2/2O25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. FLORIDA �� " 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 by mailing 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\ Cuvenagudueonotapp|yto^aooidento^or^|wmo^thatmcuurredbeforeynoauquiradur0ormedthe 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)while using a 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 1ofG (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 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 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 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 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 Puicy#UO138713-2 Effective Dates: 11/2/2024-11/2/2025 ��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. SECTION 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 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 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 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 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 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{2/2024 Policy No. VVC2OQ452G1OO2 Endorsement No.0 |»mumd Pedro Falcon Electrical Contractors Inc. pnemium$ Insurance Company Annerisurm Mutual Insurance Company Countersigned by WC 00 03 13 Hart porm «^p~«= (Ed. 4-84) Copyright 1nV3mutna| �ounom on Compensation |muonoo� � � Policy#WC20945261002 Effective Dates: 11/212024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY U'S Number of Days Notice 60 For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. Ilf this policy is cancelled by us we willl send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Naime of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b, Nonrenewal; or c. Materiiall change reducing or restricting coverage;and 4. Is on file at your agent or broker's office for this policy. Mailing Adldress The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 O5 07