Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item C04
C4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting September 10, 2025 Agenda Item Number: C4 2023-4462 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Cary Vick n/a AGENDA ITEM WORDING: Approval of a First Amendment to the Agreement with Pedro Falcon Contractors, Inc. for the Rowell's Waterfront Park Phase II Reduced Scope project. This is a no-cost amendment adding supplemental condition language as requested by Florida Commerce. This project is 100% funded by a Community Development Block Grant (CDBG-CV grant) administered by Florida Commerce. ITEM BACKGROUND: Monroe County was awarded a Community Development Block Grant—Coronavirus (CDBG-CV) grant in the amount of$2,956,534.00 for park rehabilitation upgrades at Rowell's Waterfront Park. A Request for Proposals for the project was issued and four (4)bids were received on December 13, 2023. Unfortunately, all bids received were higher than the grant funding awarded to the County. Project Management reached out to the lowest bidder, Pedro Falcon Contractors (PFC), and worked together with the Engineer of Record to value engineer down the scope of work to meet the grant requirements and grant budget. The Agreement for the reduced scope of work agreed upon by all parties that both meets the requirements of the grant while also staying within the grant budget was approved by the BOCC at the July 16, 2025 meeting. Upon review by the Florida Department of Commerce, the Agreement with Pedro Falcon Contractors was found to be missing certain language, specifically the "CDBG Supplemental Conditions for Construction Contracts". Florida Commerce issued Monroe County the Authority to Use Grant Funds on the condition that the Supplemental Conditions would be added to Pedro Falcon's contract via an amendment at the next BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: 2/17/21 —BOCC held Public Hearing for input on application for CDBG-CV grant funds to enhance Rowell's Park. 295 10/20/21 —BOCC approved a Language Access Plan for the CDBG-CV program in Monroe County. 12/07/22 - BOCC approved a CDBG-CV Grant in the amount of$2,956,534.00 for Rowell's Park Phase II. 7/16/25 - BOCC approved an Agreement with Pedro Falcon Contractors for the Rowell's Park Phase II Redevelopment Reduced Scope project INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Additional Supplemental Conditions added to the contract language as requested by Florida Commerce as part of the grant requirements. STAFF RECOMMENDATION: Approval of First Amendment DOCUMENTATION: First Amend to Agreement PFC_signed.pdf Agreement_PFC_Rowells Ph II_BXEC_7.17.25.pdf COI_PFC_exp. 11.2.25.pdf FINANCIAL IMPACT: 125-22584 - Rowells CDBG-CV Grant 296 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR ROWELL'S WATERFRONT PARK REDEVELOPMENT PHASE II REDUCED SCOPE THIS FIRST AMENDMENT to the Agreement Between Owner and Contractor, (Agreement) for Rowell's Waterfront Park Redevelopment Phase H Reduced Scope, (Project) is made and entered into on the 10"day of September 2025,between MONROE COUNTY, ("County") and PEDRO FALCON CONTRACTORS, INC., ("Contractor"), in order to amend the Agreement between the parties dated July 16, 2025, as follows: WHEREAS, the Project is funded by a Community Development Block Grant CARES Act (CDBG-CV) administered by Florida Commerce (fka, Florida Department of Economic Opportunity); and WHEREAS, Florida Commerce has reviewed the executed Agreement and reported missing supplemental conditions that must be added to the contract wording. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the Agreement as follows: 1. Additional supplemental conditions as required by Florida Commerce attached to this First Amendment as "Exhibit A" are hereby added to the Agreement. All other Terms and Conditions of the Agreement dated July 16, 2025, remain unchanged and in full force and effect. [signature page to follow] Page 1 of 27 297 IN WITNESS WfIEREOF, each party caused this First Amendirrent to be executed by its duly authorized representative. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor/Chairman Date NK)NROE COUNTY ATTOMEYS OFFICE APPROVED AS TO FOW CONTRACTOR: PEDRO FALCON -a CONTRACTORS,,.I,,14C-'"'w---"'-",, ,.-,,,,,..,AiBMTXTCOLWrf^TtORNEY DAM -J3-2Q2a- Signature6j�-'�'� Print Name: Christian Brisson Title: as President Date: 08/20/2025 STATE OF F"/ZJ0,4 COUNTY OF--!!!�� On this 2-004% day of F _, 20Z5,'--before me, the undersigned notary public, by means of V"- physical presence or 0 online, personally appeared IC I (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. Notary Public zo ........ Brenna M Brockway Comm.:HH 663881 Print Name Expires:Apr.28,2029 . . ...... . Notary Public-State of Florida " ... My commission expires:Af���. (sea,OF 71 Page 2 of 27 298 EXHIBIT A Page 3 of 27 299 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The supplemental conditions contained in this section are intended to cooperate with,to supplement, and to modify the general conditions and other specifications. In case of disagreement with any other section of this contract,the Supplemental Conditions shall govern. 1. Termination (Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies 5. Environmental Compliance (Clean Air Act and Clean Water Act) 6. Energy Efficiency 7. Special Equal Opportunity Provisions 8. Conflict of Interest 9. Utilization of Minority and Women's Businesses 10. Federal Labor Standards Provisions(Davis-Bacon, Copeland, and Contract Work Hours Act) 11. Guidance to Contractor for Compliance with Labor Standards Provisions ----------------------------------------------------------------------- 1. TERMINATION (CAUSE AND/OR CONVENIENCE) A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other parry to fulfill its obligations under this contract through no fault of the terminating party,provided that no termination may be effected unless the other parry is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience,provided that the other party is afforded the same notice and consultation opportunity specified in l(a)above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government,the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate. Page 4 of 27 300 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract,whether completed or in process. E. Upon termination, the local government may take over the work and may award another party a contract to complete the work described in this contract. F. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations,the termination shall be deemed to have been for the convenience of the local government. In such event,adjustment of the contract price shall be made as provided in paragraph (c) above. 2. ACCESS TO RECORDS The local government,the Florida Department of Economic Opportunity,the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books,documents,papers,and records of the contractor which are directly pertinent to this contract for the purpose of making audit,examination,excerpts,and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract,all claims,counterclaims,disputes and other matters in question between the local government and the contractor,arising out of or relating to this contract, or the breach of it,will be decided by arbitration,if the parties mutually agree,or in a Florida court of competent jurisdiction. 5. ENVIRONMENTAL COMPLIANCE If this contract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h), section 508 of the Clean Water Act(33 USC 1368),Executive Order 11738,and U.S. Environmental Protection Agency regulations (40 CFR Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). 7. SPECIAL EOUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) Page 5 of 27 301 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. During the performance of this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment,without regard to their race,color,religion,sex,national origin,disability, age, or genetics. Such action shall include, but not be limited to,the following: employment, upgrading,demotion,or transfer;recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment,notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race,color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (contracts/subcontracts above $10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract,the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, sex, national origin,disability,age,or genetics. Such action shall include,but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration without regard to race, color, religion, sex,national origin, disability, age, or genetics. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the Rules,Regulations,and Relevant Orders of the Secretary of Labor. Page 6 of 27 302 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations, and others. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph(a) and the provisions of Paragraphs (a)through(g)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions,including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department,the Contractor may request the United States to enter into such litigation to protect the interest of the United States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding $10,000.) (a) The Offeror's or Bidder's attention is called to the"Equal Opportunity Clause"and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Female participation: 6.9%(statewide) Minority participation (See Appendix at CDBG-25 for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area,the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's compliance with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the Page 7 of 27 303 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice,and in the contract resulting from the solicitation,the "covered area"is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a) As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor,or any person to whom the Director delegates authority; 3. "Employer identification number"means the Federal Social Security number used on the Employer's quarterly Federal Tax Return,U. S.Treasury Department Form 941. 4. "Minority"includes: (I) Black(all persons having origins in any of the Black African racial groups); (11) Asian and Pacific Islander(all persons having origins in any of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Island); and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of Page 8 of 27 304 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a)through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction Page 9 of 27 305 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs,especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. Page 10 of 27 306 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations,to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc., such opportunities. (m)Ensure that seniority practices,job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review,at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association,joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take Page 11 of 27 307 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion, sex, or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. (15) The Contractor,in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (16)The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee,the name,address,telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form. However, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17)Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Segregated Facilities (over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments,and he/she will not permit employees to perform their services at any location under Page 12 of 27 308 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification,the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods),it will: (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. "Section 3" Compliance in the Provision of Training,Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu(section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall,to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from Page 13 of 27 309 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default,and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed underthis contract. Section 7(b)requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). G. Section 503 Handicapped(Contracts $2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ,advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment,upgrading,demotion or transfer,recruitment,advertising,layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Page 14 of 27 310 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (2) The Contractor agrees to comply with the rules,regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding,that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973,and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. H. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY, OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents,no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect,in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 9. UTILIZATION OF MINORITY AND WOMEN FIRMS (M/WBE) The Contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors,as applicable. Prior to contract award,the Contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: Page 15 of 27 311 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ➢ Florida Department of Management Services, Office of Supplier Diversity, ➢ Florida Department of Transportation(construction services,particularly highway), ➢ Minority Business Development Center inmost major cities, and ➢ Local government NMBE programs in many large counties and cities. A firm recognized as an NMBE by any of the above agencies is acceptable for the CDBG program. 10. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination(including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(11) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits,therefore,only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and Page 16 of 27 312 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits,where appropriate),HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee,to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(b)(ii)or(iii)of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside,in a separate account, assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (2) Withholding_ HUD or its designee shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other federal contract with the same prime contractor, or any Page 17 of 27 313 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract, HUD, or its designee may, after written notice to the Contractor, sponsor,applicant, or owners,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address,and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis-Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (i) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a parry, the Contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014- 1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a"Statement of Compliance", signed by Page 18 of 27 314 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form VVH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph A(3)(b)(11) of this section. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration,Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In Page 19 of 27 315 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. Page 20 of 27 316 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (6) Subcontracts. The Contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of Eli ig bili1y. By entering into this contract, the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ...makes,utters or publishes any statement, knowing the same to be false ... shall be fined not more than $5,000 or imprisoned not more than two years, or both." (11) Complaints, Proceedings, or Testimony y Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and"mechanics"include watchmen and guards. Page 21 of 27 317 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1)through(4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Page 22 of 27 318 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 11. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions,the Contractor, and each subcontractor who works on the site,must submit either two separate payrolls(one for each wage decision)or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once,may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However, where a job classification is not listed in a wage decision and is needed for that portion of the work,the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved,the Contractor may pay the higher of the two rates and submit one payroll, if desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates"and"Fringe Benefits" (if any)columns of the applicable wage decision. (2) The Contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates" and "Fringe Benefits"columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit. However, contractor payments for health insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if(a)it is available to most workers and(b)involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime,an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision, the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received,not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime;the Contract Work Hours Act contains the overtime requirement and uses "basic rate of pay"as the base for calculation,not the minimum rates established by the Davis-Bacon and related acts.) D. Deductions Workers who have deductions,not required by law,from their pay must authorize these deductions Page 23 of 27 319 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase,another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the Contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification) and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator,the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor(USDOL) must approve the proposed classification and rate. The Contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the Contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80%of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore,a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis- Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s)based on the work performed. G. Sole Proprietorships/Independent Contractors/Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract.For example,if John Smith is the owner of ABC Plumbing and performs all plumbing work himself,then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as "owner"is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included Page 24 of 27 320 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers,they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract,including a classification for each worker based on the nature of the work performed,number of regular hours worked, and number of overtime hours worked. H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program,then the worker must be classified according to duties performed. This procedure may require classification in the "trade" depending on tools used,or as a laborer if specialized tools of the trade are not used. The Contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal apprentice program,the worker must be classified according to duties performed and tools used. Page 25 of 27 321 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions. These are contractor workforce goals, not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement with which the Contractor must document compliance. Tampa-St. Petersburg _Area Percentage Hillsborough, Pinellas, Pasco 17.9 Charlotte, Citrus, Collier,DeSoto, 17.1 Hardee,Hernando, &Highlands (all seven) Lee 15.3 Manatee 15.9 Polk 18.0 Sarasota 10.5 Tallahassee Area Leon,Wakulla 24.3 Calhoun,Franklin, Gadsden, Jackson, 29.5 Jefferson, Liberty, Madison, &Taylor (all eight) Pensacola-Panama Cites Bay 14.1 Escambia, Santa Rosa 18.3 Gulf,Holmes, Okaloosa, 15.4 Walton, &Washington (all five) Jacksonville Area Alachua 20.6 Baker, Clay, Duval, 21.8 Nassau, & St. Johns (all five) Bradford, Columbia, Dixie,Gilchrist 22.2 Hamilton, Lafayette, Levy,Marion, (all 11) Putnam, Suwannee, &Union Page 26 of 27 322 Department of Economic Opportunity—Community Development Block Grant Program CDBG Supplemental Conditions (Construction Contracts) ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Orlando -Daytona Beach Area Percentage Volusia 15.7 Brevard 10.7 Orange, Osceola, Seminole 15.5 Flagler, Lake, Sumter 14.9 Miami -Fort Lauderdale Area Dade 39.5 Broward 15.5 Palm Beach 22.4 Glades,Hendry,Indian River 30.4 Martin, Monroe, &Okeechobee, (all seven) & St. Lucie Page 27 of 27 323 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 30, 2025 TO: Cary Vick, Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The following item has been executed and added to the record: C22 Agreement with Pedro Falcon Contractors, Inc. in the amount of$2,918,545.00, for the Rowell's Waterfront Park Phase II Reduced Scope project contingent upon approval of the Florida Department of Commerce's issuance of the Authority to Use Grant Funds. This project is 100% funded by a Community Development Block Grant(CDBG-CV grant). 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 324 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 16 th day of July 2025 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: ROWELL'S WATERFRONT PARK REDEVELOPMENT PHASE 11 REDUCED SCOPE Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and listed in the Project Documents and Drawings. The Contractor is required to provide a complete job as contemplated by the drawings and specifications, which are a part of this Agreement. 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: 1. The Scope of Work and Plans and Specifications associated with this project have been changed from the set attached to the Request for Proposals in accordance with Subchapter 3(D)(2)(b), Monroe County Purchaing Policy. The revised Plans and Specifications are attached to this Agreement as Exhibit A. 2. Monroe County Building Permit application is in process. The Contractor is responsible for the issuance of the permit and all associated fees. Page 1 of 94 325 3. This project is funded by G fed8n@|k/ funded COrDrDUDhv Development Block Grant CARES (CC)BG-CV) Grant. The Grant can be found at the kd|ovvng link: . The CODtr8CiOr [DUSi CO[Dp|y with all grant requirements, including any documentation and reporting requirements. 4. This grant-funded project hGSGOGQgF8SSiV8Um8|in8. Thep '8Ci0OUStb8C00Op|8t8d within six (8) months of commencement. 5. Construction of an asphalt parking lot per revised drawings attached as Exhibit A. 0. Furnish and install parking lot lighting per attached drawings. 7. Furnish and install asphalt parking lot and connection to existing driveway per attached d[8vviDgS. O. Furnish and install pedestrian paths per attached drawings. 9. Provide and install site furnishings per attached drawings. 1O. Furnish and install regulatory SigD@ge per attached drawings. 11. Sit8 dHDlO|iU0D, to iDdUd8 existing @Sph@|i r80OOV8|, is to be executed per attached d[8VViDgS. 12. Provide project M@iDt8O@OCe of Traffic (yW[)lF) plan. 13. Furnish and iDSt8|| site electric per attached drawings. 14. Site grading and stormwater management are to be executed per attached drawings. 15. Erosion prevention and sediment controls are tVbe executed per attached drawings. 18. Furnish and install landscaping per attached drawings. 17. Th8 existing b8thF000 building and parking |0t are to Fe0DGiO open to the public throughout construction unless it is deemed a hazard to public health and safety. The [e0O8iDdH[ of the park Sh@|| nB0@in open to the public GS 0UCh GS is feasible during CODSt[UCtiOn. Extended partial park closures will require appropriate fencing tOensure public safety, and reasonable accommodations shall be made[V guide vehicular traffic and pedestrians. Closure 0f the entire park shall require additional coordination tOb8 submitted and approved by the COUDb/ at least 14 C8|eDdGr days in GdV@DCS. GUbDlitt@|S, including anticipated park C|OSUF8 dates and detailed K8@iDheO@OCe Of Traffic(M(]T) Plan for pedestrian/vehicular movements within the park will bGrequired. Page 2nf94 326 The Contractor shall acquire all necessary permits, including the payment of any fees, as 8 part of the bid. Contractor Sh@U supply all of the needed m@tehG|a and hardware to complete the project @ndpn]p8dydisposeVfdebhs. ARTICLE 1 The Contract Documents The [|VD[[@ct OVCu0OeDƒs consist of this /\OFe8OUeDt, Conditions of the {|VDƒ[8{t (General, Supplementary, and other Conditions), Drawings, Specifications, Proposal Documents, Addenda iSSU8d prior to execution of this /\gP88rD8OL together with the F8SpOOS8 to RFP and all required insurance documentation, and Modifications issued after execution Of this Agreement. The CVn[nBCƒ represents the entire and integrated agreement between the parties hereto and supersedes prior DegOLiRdOOS. representations, Or agreements, either VV[it[SO Or O[@|. An HOUOO8[@UOO Of the Contract Documents, other than WYOdifiC8UOnS, appears iD Article 0. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents @S 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 C0DL[8Ct DOCUO0eDtS to be the responsibility of others, or as fOUUVVS: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The d@L8 of commencement is the date to be fined in @ Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than One-Hundred Eighty (180) calendar days after the date uf commencement orissuance of y4OUCe to Proceed. The time or times stipulated in the contract for CO0p|eti0O of the VVOrh of the contract or Of specified phases of the contract ShG|| be the calendar date or dates listed in the milestone schedule. Liquidated d8no8geS will be based on the Substantial CDnnp|eUOn Date for all vvOrk, modified by all approved extensions in time as Set forth by the Director of Project yW@DRQe[DeOi'S signature of approval OO the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount Ofliquidated damages. F|F{GT SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER UOde[$5O,OUO.00 $50.00/Oay $100.00/D8y $250.00/D8y $50.000.00-00.990.08 100.00/DGy 200.00/DGy 750.00/0@y Page 3nf94 327 $100,000.00-489'999.00 200.00/Day 500.00/Dev 2.000.00/Day $50O.00O.O0 and Up 500.00/O8y 1.000. 3'500.00/DGy 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 tOthe extent that the delay Or failure was caused directly by an event beyond such PGrty's CVO[no|' without such P8dv'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: /8\ acts of God; (b) OVVd. fire, 88rthqu8ke, exp|OSiOO. irOpiC@| SiOr0. hurricane Or other declared SD1SrgSDCy in the geographic area Of the P �8C[� (C\vv8[ iDvGSiOD hOSti|iU�S(vvhS�h8[vv@[iSd�C|8n�dO[D0i\ terrorist threats Project; ` ' ' . ` '. Or acts, MO[. or other civil UOn8SL in the geographic area of the Project; (d) 0OVerOnl8Ot order or |8w in the geographic area of the Project; (e) aCtiVnn, embargoes, or blockades in effect OD or after the date of this AoneH0OeOi; Al 8CtiOD by any gOV80DDlSDtG| 8UihOhtv prohibiting vv0[k in the geographic area Of the Project; (each, @ "UDcOD[nD||@b|8 Circumstance"). Contractor's financial inability to pedb[Dl, changes in cost Oravailability of materials, components, or services, market conditions, V[ supplier actions or contract disputes will not SXCUSe pSdhrnO@DCS by CODtr@CL0r under this Section. Contractor Sh@|| give C0UDtv vv[ittHD notice within seven (7) days of any event or circumstance that is re@SOO8b|y likely to F8SU|i in an UOCOOtnD||Gb|e Ci[CUDlSt@OCe, and the anticipated duration of such UDCODLn]||8b|8 Circumstance. COD[n8{tnr Sh8|| use all diligent efforts to end the UDCOOt[0||@b|e CinCUODGL@D08, eDSUn8 that the HffSCtS Of any UDCODtnD||@b|e CiFCUD1St@nC8 are minimized and [eSUDle fU|| performance under this /\On8e0OeDt. The County will not pay @ddiUODG| C0s[ as 8 result Of@D UDC0D[[V||@b|e CiFCUDlStBDC8. The COOt[8C[O[ may only Seek additional time at DO COSt to the County as the [)VVD8['S Representative may determine. The Contractor may only seek 8 nV cost Change Order for such reasonable time 8S 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 VfTwo Million, Nine Hundred Eighteen Thousand, Five Hundred Forty-Five and 00/100 Dollars ($2,918°545'00), subject to additions and deductions 8S 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 Page @nf94 328 ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 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 Page 5 of 94 329 overhead and profit shall be UoUrHd on the basis of net increase, if any, with respect to that change. 5.8.2 Add that pOrUOO of the Contract GU0 properly @UOc@b|8 to 0@teh@|S and equipment delivered and suitably stored at the Site for SUbSSqU8Dt incorporation in the CODlp|8t8d CODstrUcUVD (or, if approved in advance by the [)vvDe[. SUi[@b|y stored off the site at @ location agreed upon iDVVritiOg). less nDt@iO@ge; 5.6.3 Subtract the aggregate Of previous payments made by the Owner; and 5.0.4 Subtract @DlOUD[S, if any, for which the Director of Project yW8D@ge0eO[ has withheld Or nullified 8 Certificate for Payment 8S provided iO Paragraph 9.5Of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 Sh@|| be further modified under the following circumstances: 5.7.1 Add, upon Substantial CODlp|ehoO Of the VVnrk. 8 SU0O sufficient to iDCne8Se the total payments to percent (95%) Uf the Contract Sum, less such GDamount equal to 150 percent (150%) of the 88UO0@ted cost to CVnlp|e1e the items in 8CcV[d8DC8 with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for iDCVrDp|eƒe VV0rh and unsettled C|8i[DS, including the assessment of liquidated damages; and 5.7.2 Within 20 bUSiOeSS days after the list of incomplete Work is created, the OVVDe[ 0US1 pay the Contractor the remaining Contract Sum that includes all ret8iD8ge9 previously withheld by the {]VVDer less an amount equal to 150 p8m:SDt (150%) of the estimated COSt to complete the incomplete Work (i.8.' "pUD:h" list items). 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 VVo[h has been accepted by the C)VVDSr except for the CODir@Cior'S n8SpODSibi|itv to Q][[8Ct nonconforming Work GG provided iD Subparagraph 12.2.2Of the General Conditions and h]satisfy other [eqUi[erD8DtS, if any, which necessarily survive final p8yr0eD[. and (2) 8 final approval for payment has been issued by the Director OfProject K8@DGg8nOeDL Such final payment shall be made by the Owner not more than twenty (2O) days after the issuance Ofthe final approval for payment. The following documents /s80p|eS in Section 01027 (Application for Payment) are required for Final Payment: (1) Application and Certificate for Payment (2) Continuation Sheet /3\ Certificate Vf Substantial Completion (4) Contractor's Affidavit OfDebts and C|GiDlS (5) Contractor's Affidavit Of Release OfLiens (6) Final Release of Lien Page 6nf94 330 0 Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file iPOF\ k}rD8t delivered on @ cVO0n1VD fV[nl (i.e. flash drive) of all the k}||ovviOg, but not limited to: A. Project Record Documents (/\s Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. E|HCinDDic copies of approved submittals. G. Evidence Of payment and final [e|B@Se of liens and consent of surety b] final release (includes final release from all utilities and utility CO0UpGDieG). 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 VVhen] reference is made in this Agreement to 8 provision of the General Conditions or another Contract DoCU0eO1' the reference refers to that pmOViSiOO as amended or supplemented by other provisions Uf 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 iO Section O15OO. Temporary Facilities, Of the General Conditions. 7.4 AnDU@| Appropriation. Monroe COUDiy'S perf0rODGDC8 and obligation to pay under this COnL[8Ct is contingent upon an annual appropriation by the Board of County Commissioners. |n the event that the County funds On which this Agreement iSdependent are withdrawn, this /\OFee00eOt is terminated, and the [|VUOty has DV further Vb|ig8UOO under the terms Of this Agreement tO the Contractor beyond that already incurred bythe termination date. 7.5 A p8[SOD or 8Ui|i@t8 who has been p|8C8d OD the convicted vendor list following G conviction for public entity crime may not submit a bid on a contract to provide any goods Or services iO G public entity, may not submit 8 bid. proposal, Or reply OO G contract to Page 7nf94 331 supply any goods or services to 8 public entity, may not submit 8 bid, proposal, or reply 0D@ contract with @ public entity for the construction 0[repair Of@ public building Orpublic work, may not submit bids oD leases Vf real property[0public entity, may not be awarded Or perform work @S @CoDtr@CtOr, supplier, subcontractor, Or consultant under @contract with any public entity, and may not transact business with any public entity in 8XC8SS Of the threshold amount provided in Section 287.O17. Florida Statutes,for CATEGORY TWO for 8 period Of thirty-six(36) months from the date Uf being placed OO the convicted vendor |iSL 7.6 The following items are included iO this contract: 8> Maintenance OfRecords. Contractor shall maintain all books, records, and documents directly pertinent to performance under this 8g[e80eDi in @ccOnd@Oc8 with geO8[G||y accepted accounting principles consistently applied. Records shall be retained for 1\ a period of five (5) years after all funds have been expended or returned LV the Department of the Treasury, whichever is later or 2) a period of seven (7) years from the te[00iDGUVO of this Agreement or five (5) years from the submission of the DD8| expenditure report as per CFR 8200.33' 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 Aor8e0OeO1 and for seven (7) years fO||OVViOg the termination of this Agreement. If an auditor 80Dp|OySd by the County OF County Clerk determines that monies paid to CVn[r@nƒ0r pursuant to this Agreement were spent for purposes DOL authorized by this AgF8eOOeOL Or were VVnDDgfu||y retained by the Contractor, the CODt[@Cto[ shall repay the monies together with interest calculated pUrSU@Dt to Section 55.03' Florida Statutes, running from the date the DlOOieS were paid by the Owner. Right 1OAudit. Availability OfRecords. The R3CUrdS of the parties to this Agreement Fe|GUDg to the Project, which shall include but not be limited LVaccounting records (hard copy, as well 8s computer readable data ifit can b8 made available; subcontract files(including proposals of successful and UDsUCcgSsfu| bidders, bid recaps, bidding iDs[[u(tiVDs, bidders list, etC.\; original estimates; estimating work sheets; correspondence; change order files (including dOCU08Dt8tiOD C0V8riDQ negotiated S8tdSD1SDtS); b8CkCh8rge logs and supporting documentation; general ledger entries detailing cash and trade discounts e8rned, insurance rebates and dividends; any other supporting evidence deemed n8C8SSGry by Owner Or by the K4ODrOS C0UDh/ OOiC8 of the Clerk Of Court and Comptroller (hereinafter referred to as "County Clerk") LV substantiate charges related to this /\ore8nnent. and all other agreements, sources Of information and matters that may in [)vvDe['g or the County Clerk's reasonable judgment have any bearing 0D0[ pertain [0 any matters, rights, duties 0[obligations under 0[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 0f Owner 0[the County Clerk. Owner O[County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution Of p@yFO||. verifying p@yFO|| CO0pUtGUOOS' UVe[h8Gd CO0pUtGUOOS, Page 8nf94 332 observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcnn[n8c[VnS. suppliers, and contractors' representatives. All records shall be kept for ten (10)years after Final Completion Dfthe Project. The County Clerk possesses the independent authority to CODdUCt an audit Ofrecords, 8SS8tS. and activities relating b}this Project. |f8D auditor employed by the County O[County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for pU[pOSHS not authorized by this AgF8eOl8Ot' or were VVrODgfU||y retained by the COOi[8CƒO[. the Contractor Sh8|| repay the 0ODiHS together with iO[HFHSt C8|CU|8t8d pursuant to S8ChOO 55.03. Florida |St8iUi8S, running from the date the DlODi8S were paid t0Contractor. The Right h}Audit provisions survive the termination 0[expiration of this Agreement. b\ Governing L8vv' Venue, and |DLe[p[8t8hoO. This Agreement shall be governed by and construed in accordance with the |@vvS of the State of Florida applicable to contracts made and to be performed eDdP8|y in the State. In the event that any CGUsH of action or administrative proceeding is instituted for the eDfOFCe[DHOt or interpretation of this Agne8DleOL the County and Contractor agree that venue Sh8|| lie iD the appropriate COU[[ or before the appropriate 8d0DiDi8[[@hve body in M0DFVe {|OUD[y' Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, iDthe event Of COOOi{tiDg iOterpFei@UOOS Of the terms or @ term Of this Agreement by Or between any of them, the issue shall be submitted to mediation prior to the institution 0f any other administrative O[legal proceeding. C\ SeVer8bi|itv. If any term, COVeDGDt' cOOdiUOD or provision of this Agreement (or the application thereof to any CirCUDlSt@Dce Or pBrSOD) Sh@|| be d8C|@[ed invalid or unenforceable to any extent by8 court 0fcompetent 'U[iSdiCti0O. the Pe0O@iDiD0 terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby and each n8[O@iDiDg term, cOVeOGDt. CODdiUOO and pFDViSiOO of this /\gPSeOOeOt Sh@|| be valid and Gh@|| be enforceable to the fullest 8Xt8Di permitted by |@VV UD|8SS the HDfOrCHnn8OL of the remaining terms, covenants, CVndiUODS and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree 10 reform the Agreement to replace any stricken pn]ViSiOD with a valid provision that Q]OleS as C|OS8 as possible to the intent of the stricken provision. d) /\tt0rney'S Fees and Costs. The County and Contractor agree that, in the event any C3USS of action or @dOOiDiStFGtiV8 proceeding is iDiUGi8d Or defended by any party n8|8Uve 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 8tto[Dey's fees and courts costs in appellate proceedings. e) Binding Effect. The b3rDlS. CONeO@OiS' CDDditiOOS. and p[OViSiOOS Of this AOneRDleD[ Sh@|| bind and iDU[8 to the benefit of the COUDtv and CODt[8CtO[ and their respective legal representatives, successors, and assigns. Page 9nf94 333 D Authority. Each party represents and warrants to the other that the execution, delivery, and padbnn8ncg of this Agreement have been duly authorized by GU 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 Ofcounsel. g) Claims for Federal or State Aid. The 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 AoPeH[O8O1 Any CODdiUODs iDlpOS8d as a PeSUU 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 diSGgr8e[DRDtS ShG|| be attempted to be [eSO|V8d by meet and confer sessions between representatives Vf each 0f the parties. |f the issue 0r issues are still DVL resolved to the S8USfa(tinD of the parties, then any party shall have the right to seek such relief Urremedy as may be provided by this Agreement Or by Florida |@VV. This /\g[SeDl8DL is not subject to arbitration. This provision does not DeQ@i8 or waive the provisions Of Section 7.4, Section 7.0 or Article O cDDO8rDiDg termination OF C@DC8||GtiVD. h\ [|OOpe[8UOD. In the event any administrative O[ legal proceeding is instituted against either p@dv relating to the formation, eX8CUtiOD, p8rfOrO0@OC8, Or breach Of this Agreement, County and Contractor agree tO participate, [Vthe extent required bythe other party, in all proceedings, hearings, prUC8SSes' OOHeUOgS, and other activities related to the substance Of this /\gneeVlHDi or provision of the services UDdH[ this Agreement. The COUDtv and CoO1F8CtOr specifically agree that OO party to this Agreement shall be required iO enter into any arbitration proceedings related to this Agreement. '\ Nondiscrimination/Equal Employment Opportunity. The parties agree that there will bS DV discrimination against any person, and it is expressly UDdHrStVOd that UpOD @ d8t8[DlinG1iOn by @ court Of CODlpHt8nt jurisdiction that discrimination has OCCU[n3d, this Agreement automatically terminates without any further action OD the part ofany party, effective the date Of the court order. The parties agree tO comply with all Federal and Florida statutes, and all |OC@| ordinances, as 8pp|iC8b|S, ne|@UDg to DVDdisCriO0iD8UVD. These include but are not limited to: 1\ Title V|| Vf the Civil Rights Act Of19G4 (PL8R-352)' which prohibit discrimination iD employment 0D the basis 0f r@CS' C0|Or, religion, SeX. and n8U0D@| origin; 2\ lFidS |>{ of the EdUC@UOn A0OSDdDl8Di of 1972' as amended (20 USC &81881-1083, and 1085-1880), which prohibits discrimination OD the basis Of sex; 3\ Section 5O4Of the Rehabilitation Act Of1973. 8S GrDeDd8d /20 USC & 794\, which prohibits discrimination on the basis of disability; 4\ The Age Discrimination Act 0f 1975. GS 8DleDdGd (42 USC §88101-01O7). which prohibits discrimination OO the basis Ofage; 5\ The Drug Abuse Office and Treatment Act Of1072 (PL 92-255). as amended, relating to OondiSCriVliDGUOO on the basis of drug abuse; 0) Th8 Comprehensive yACOhO| Abuse and A|C0hO|iSm Prevention, l[r83i0enL and Rehabilitation Act of 1970 (PL 91-818), as amended, rS|8UDg to OOndiSO[iOOiO@U0O OO the basis of alcohol abuse or G|COhO|iSOO'' 7\ The Public Health ' Page lUo194 334 Service Act of1912, §G523 and 527 (42USC0S00Odd-3 and 29Oee-3)' asamended, relating [O confidentiality Of alcohol and drug abuse patient records; M) Title V||| 0fthe Civil Rights Act of 1968 (42 USC 88 3801 et seq.). as amended, relating to DODdiSc[iOOiDaUOO in the S@|8, neOt@| or financing of housing; 0) The /\Dl8ricaOS with Disabilities Act Of198O (42UGC8121O1NOLe). 8S may bS amended from time t0time, nS|8UDg to DOOdisC[i0niD8UVD in er0p|OyDleDt on the basis of disability; 10) K4VDn]e COUO[y Code Chapter 14. Article ||. which prohibits diSCriD1iO@UOO OO the basis of race, CO|Or. SHX' r8|iQiOD. D@tiOD8| origin, ancestry, SeXU8| O[ieDt@UOD, gender identity or expression, familial S181US Or age; and 11\ Any other DODdiSC[iDliD8tiOD pn]ViSiODS in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in 8CC0rd@nCe with Equal Enobxxnent OnoOrtundv /3O Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1804-1885 Comp., p. 339\. as amended by Executive Order 11375, Amending Executive [)Jfer 11246 Relating&2Equal EmploymentOpportunity, and implementing regulations 8i41 C.F.R. P@rt8O (Office VfFederal Contract Compliance Progr@mS, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200. Appendix ||. 1C. agrees as follows: 1. The CODt[8CtO[ will not diSChD1in8he against any employee or applicant for employment because of race, o0|Vr' religion, Sex. sexual orientation, gender identity, O[national origin. The Contractor will take affirmative action tO ensure that @pp|iC8DtS are H00p|Oyed. and that 8O0p|Oy8eS are treated dU[iDQ 80Op|OyDl8DL without regard t0 their race, color, religion, sex, sexual orientation, gender identity, or D8bVDa| origin. Such action Gh8|| iDc|Vd8' but not be limited to, the fV||VvviDg: EOOp|OyOOeOt' upgrading, demotion Or tG3OSf8r. Pec[Uit[O8Ot Or [RcrUitD18Ot advertising, layoff or termination, rates of pay or other forms of compensation and Se|eC1iOD for training, including apprenticeship. The COOtFGCtOr GQnSes to post in CODSpiCUOUS p|2CSS, @V@i|Gb|8 to SD1p|0ye86 and 8pp|iC@niS for 8OOp|Oy0OSnt. notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by Or OD behalf Of the contractor, state that all qualified @pp|iC@DiS will receive consideration for employment without regard to race, CV|V[' religion, S8x' S8xV8| 0[ieDt8ti0D. gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee V[ applicant for eOUp|VyDleOt because such employee or applicant has inquired about, diSCuaG8d. or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other e00p|OyeSS or applicants GS @ part of such employee's 8SSeDU@| job fUOCtiOOS discloses the COODpHOsG[i0O of such other employees Or applicants tO individuals who dO not otherwise have access tOsuch iDfornO8UOn' unless such Page 11of94 335 diSC|OSUFe is in [eSpODSe to @ formal C00p|@iDi Or Ch@[g8' in fUrth8[@DC8 of an investigation, proceeding, hearing, or action, including an investigation conducted by the e0Op|Vye[. or is CODSiGteDt with the COD[r8C[0['G |8g8| duty to furnish iDfO[OO@1i0D. 4. The CoDt[GC[Vr will send to each labor UDiOO or n8pF8S8Dƒabve of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice iO conspicuous places available tO employees and applicants for employment. 5. The C0Dt[8CLOr will CODlp|y with all p[0viSi0DS Of Executive [}nde[ 11240 of September 24, 1905, and of the rules, n8gu|8U0nG, and relevant Orders of the Secretary OfLabor. 0. The Contractor will furnish all information and reports required by Executive Order 11248 of September 24. 1905. and by the rules, regulations, and Vrdgn3 of the Secretary of L8bDr. Or pursuant thereto, and will permit GuCes3 to his book8, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this CODtna[t or with any of the Said rules, regulations, or OFd8nS^ this contract may be canceled, terminated Or suspended iD whole OriD part and the contractor may be d8O|@Fed ineligible for further GOVe[O[DeOt contracts or federally @SSiSt8d construction contracts in 8CC0rdGnC8 with procedures authorized in Executive Order 11240Vf September 24. 1985. and such other sanctions may beimposed and remedies invoked as provided in Executive (JnJ8r 11240 0f September 24. 1085^ or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by |@VV. M. The Contractor will include the portion of the 8eD[eDCe immediately preceding paragraph(1)and the provisions Vf paragraphs/1\through/8\iD every subcontract Or purchase order UD|8SS exempted by [U|RS. regulations, Or O[de[S Of the Secretary Uf Labor issued pursuant to SeCiiOD 204 of Executive Order 11248 Of September 24, 1005, SO that such provisions will be binding UpOO each subcontractor 0[vendor. The Contractor will take such action with respect tOany subcontract Orpurchase order aS the administering agency may direct 8s8means of enforcing such prOViSiODS' including S8OCtiODS for OOD-CO00p|i8DC8; provided, however, that in the event a contractor becomes involved in, or is threatened with, |iU0@tiOD with 8 SUbC0nir@CtO7 or vendor as 8 r8SU|i Of such diF8CUOn by the 8d[Dinigb3[iDg agency, the Contractor may request the United States to enter into such litigation LO protect the interests of the United States. Page l2of94 336 N Covenant OfNOInterest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would CVDOi[t in any OO@DOe[ or degree with its performance under this Agreement, and that only interest of each is tO perform and receive benefits 8S recited iD this Agreement. |} Code OfEthics. The County agrees that officers and employees Of the County recognize and will be required to comply with the St8OdGPdS Of conduct for public officers and employees as delineated in Section 112.313, Florida Statuten, regarding, but not limited to, sO|iCit@UOO Or @CCeD18OCe Of gifts; doing business with ODe^S agency; unauthorized CVOOpeDSG[i0D; DliSUSe Of public pOSitiOD. CODMiCUDg eOlp|Oy0OeD[, or COOir@CtU8| [8|8UODShip; and disclosure Or USS of certain iDfOrDl8hOO. Dl\ NO Sol iCitGtiOD/P@yD1eDL The County and Contractor warrant that, iD respect iOitself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit O[ secure this Agreement and that it has not paid 0r agreed L0 pay any person, company, corporation, individual, O[firm, other than a bona fide employee VVO[kiOg SO|S|y for it, any fee, C000iSSiOD, percentage, gift, or other C0DGidG[@hOD contingent Up0D or resulting from the @vv@Fd or making of this Agreement. For the breach or vin|8Unn of the provision, the CVn[n3(tVr agrees that the County shall have the right to terminate this Agreement without liability and, at its diSCr8iiOO. to offset from 000Di8S owed, Or otherwise r8DUV8r, the fU|| @OOOUDi of such fee, cO[Dn0isSiOD, percentage, gift, or consideration. O\ Employment or Retention Of Former County Officers or Employees. The CODt[2Ct8[ VV8r[aDtS that it has not employed, retained Or otherwise had act OD its behalf any former County officer O[employee iO violation 0f Section 2-148. Monroe County Code Vf Ordinances o[any County officer V[employee iD violation {d Section 2-15O, Monroe County Code OfOrdinances. For breach o[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 Vr purchase price, Vr otherwise recover the full amount Vfany fee, CO0O0iSSiOD, percentage, gift, Or CODsid8[@1iOO paid to the former C0UDtv OUiC8r 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 ƒV Chapter 11S, Florida Statutes and Section 24' Article | of the Constitution of Florida. The County and CODt[8[tO[ Sh@|| @||0vv and permit re8SUO@b|e access to, and iDSpSCtiUO of, all dOCU0USDt8, r8C0rdS. papers, letters or other ''pUb|iC recVnd" 008te[ia|S in its pOSS8SsiVn or under its control subject LV 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 COUD[y ShG|| have the right to UDi|8ier8||y C@DCS| this CODt[8Ct upon violation of this pnJViSiOD by the C0Di[@CL0r. Failure Of the COnir8CtO[ to abide by the i8rOlS Of this provision Sh@|| be deemed @ 0@tB[ia| breach of this contract and the COUOh/ may enforce the terms of this provision in the form of court proceeding and Sh@||. as 8 prevailing p@d». be 8DUt|8d to reimbursement Of all @ttUrD8y'S fees and COStS Page 13of9@ 337 associated with that proceeding. This provision shall survive any ƒ8nnin8UOn Or expiration Cd the contract. The Contractor iS encouraged tO consult with its advisors about Florida Public Records L8VV in order to CO0p|y with this provision. Pursuant iOSection 118.0701, Florida Statutes and the terms and conditions Ofthis contract, the Contractor iS required to: (1) Keep and D1@iOt@iD public rSCOndS that VVOU|d be required by the COUDh/ to perform the service. (2) Upon receipt from the COUOty'S CUsb]diGO 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 cost that does not exceed the cost provided in this chapter 0raS otherwise provided by law. (3) EOSUm8 that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by |8vv for the dVD3bVD of the CVO[r8(t t8[O0 and h}||VvviOg completion of the cOOt[@CL if the COOtr8ciOr does not transfer the r8CO[dS to the County. (4) Upon CODlp|8tiOn of the COOƒ[8Ct' tn@DSf8r. at DO COSt. to the {}OUntv all public records in possession of the CVDt[GCiV[ or keep and OO@iOtGiD public PetOn1s that vvOU|d be required by the County to p8dbr0 the service. If the C0Dtr@CtV[ 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 n3COndS disclosure requirements. If the C0Ot[8CLU[ keeps and 0O@inL@inS public records UpOD COOlp|eU0O of the contract, the COOL[aCLU[ ShG|| meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, UpOD request from the CoUOtv'S custodian of records, in a format that is compatible with the iDk}[Dl@U0D [eChOO|Ogy Sy3h3DlS of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the C0untv, but if the County dO8S not pOSS8SG the [8qUSGtSd rSCOFdS, the C0UDiy Sh@|| iOOOU8di@i8|y DOUfv the Contractor Ofthe nBqUHSt' and the Contractor must provide the records to the County Orallow the records tObe inspected Or copied within @ reasonable time. |f the Contractor does not comply with the CVUDtv'S request for records, the County shall enforce the public n8COrdS contract provisions in 8CC0rd8OCe with the contract, notwithstanding the COUOtv'S option and right tounilaterally C@DCe| this cODtr8CL UpOD violation of this provision by the C0DL[8CtOr. A Contractor who fails to provide the public records [V the County Orpursuant Page l4of94 338 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 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, ®c _ , (305) 292- 3470. 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. 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. Page 15 of 94 339 t) Non-Reliance by Non-Parties. NO person or entity shall be entitled LO rely upon the terms, Or any of them, of this Ao[ee08D[ to enforce or attempt to 8DfV[C8 any third- party [J@irD or entitlement to or benefit of any Service or pn}gr8OO contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor Orany agent, officer, or employee Of either shall have the authority to iOh]rrn' COUDg8|, or otherwise indicate that any p@rtiCU|G[ individual or group of individuals, entity or eOtiUeS, have eOUUeDleOtS Or benefits under this AomeHDl8Ot separate and apart, inferior to, or SUpe[i0[ to the COnO0OUDitv in gSDH[G| or for the purposes contemplated iD this Agreement. u) /#18St@UonS. The Contractor agrees to execute such d0CurnSntS as the County may reasonably require, to iDdUde, but not bSlimited to, @ Public Entity Crime Statement, GO Ethics Statement, NOO-CO||U8iOn Statement, and @ Drug-Free VVO[kp|@Ce Statement. V\ NO Personal Liability. NO covenant OF agreement contained herein shall bedeemed tOb8a 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 M0DFOe County shall be liable personally on this Agreement O[ bG subject b} any personal liability or accountability by reason of the execution of this Agreement. VV\ EX8CUUUD in Counterparts. This AQ[S8D18nL may be 8X8CUied in any DUO0bSr 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 H8rOO|eSS, |Dd8DlDiDC8UOO, and Defense. Notwithstanding any [DiOiDlU0D insurance requirements prescribed elsewhere in this /\on8emnen[. Contractor shall defend, indemnify and hold the COUOb/ and the COUOtv'S elected and appointed officers and employees harmless from and against /i\any claims, actions Ur causes Of action, /ii\ any litigation, administrative proceedings, appellate proceedings, or other proceedings relating tO any type Of injury /iDC|UdiDgd8@th\' |OSS' d@rnGge'fine. p8n8|1v or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified p8dv by reason of, or in COOD8CtiOO with, (A) any 8CtiVib/ Of Contractor or any Of its e0Op|OyS8S. @g8niS, contractors Vr other invitees during the term nf this Agreement, /B\ the negligence Vr 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 /\ore8no8nt, except to the extent the d8imnS' aotiOna, causes of action, |iUg8Uon, proceedings, costs or expenses arise from the intentional or sole negligent acts 0[omissions Of the County O[any Of its employees, agents, contractors Orinvitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the COOt[@ct and not |eSS than $1 million per occurrence pursuant to Section 725.06. Florida Statutes. The limits of liability ShG|| be as set forth in the iDSUn8DCe reqUin8OO8nLS included in this Agn8S00SDt. |DG0f8r as the C|8inlS' GCtiOnS, C@USeS of action, |iUgRUOO, proceedings, COStS. or expenses nB|Gte to events Page lGof94 340 Or circumstances that occur during the term Of this Agreement, this section will survive the 8mpir@U0D Of the term Of this /\o[ee[DeDt or any 88di8[ termination of this Agreement. |O the event that the completion Of the project (k} iDdUd8theVVOrkOfOthSrS) iSde|@yed or suspended as G R»Gu|t of the Contractor's failure to purchase or maintain the required iOSU[@DCe. the Contractor shall indemnify the CUUDb/ from any and all increased expenses resulting from such delay. Should any claims bS asserted against the County by virtue of any deficiency or 8DlbigUi[v in the p|8OS and specifications provided by the CODir8CtOr. the Contractor agrees and warrants that the C0Dtr@CLO[ shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim Or action OD the C0UOtv`Sbehalf. The extent 0fliability is in no way limited to, n8dUCHd. or lessened by the iDsUr8DC8 requirements contained elsewhere within this Agreement. This indemnification shall survive the termination Of this Contract. Nothing contained iD this paragraph iG intended kJ nor shall it constitute @ waiver Of the (C0UDtv)Agency's SOVe[SigD iD1[DUDib/. State of Florida Department of Economic Opportunity Indemnification TO the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the State of Florida Department of Economic Opportunity and its officers and employees, from liabilities, d8Dl@g8s. |OSSeS and COsiS, including, but not |iDli18d to, reasonable 8ttornay'e fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct Vf the Contractor and persons employed 0[utilized by the Contractor iD the performance Of this Contract. This indemnification shall survive the termination qf this Contract. Nothing contained in this paragraph is intended to DO[ Sh@|| it constitute 8 waiver Of the sovereign i00nOUDiiy of the United Gt8tHS or the County. y\ Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and itiS agreed that such section headings are not 8 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 OBE's' as defined in C.F.R. Part 20' 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 iO participate iOthe performance of the Agreement. In this regard, all recipients and cVn[n8(tVn3 Sh8|| take all necessary and re8SOn@b|S steps in accordance with 2 C.F.R. 8300.321 (@S set forth b8|Ovv). @pp|iCGb|G federal and SiGtS |@VVS and Fe8U|@UOn8 to eDSUr8 that DBE'S have the opportunity to COOOpet8 and perform contracts. The COUOb/ and COOtn8CtOr and Page l7of94 341 SUbCnn1raCtVrS Sh8U not discriminate On the basis ofrace, color, national origin, or sex in award and performance of contracts, entered pursuant tV this Agreement. 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS u. If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods Or services then, iO accordance with 2C.F.R. §2OO.321,the CONTRACTOR shall take the following affirmative steps LO assure that minority buSinese8s. VVOrD8D'S bUSiDeSS enterprises, and labor surplus area DrDlS are used whenever possible. b. /#T0O8tim8 steps r0USi include: (|) F^|8CiDg qualified Snl8|| and [DiDO[ib/ businesses and vvV00eD's business enterprises Onsolicitation lists; (2) ASSU[inQ that small and minority businesses, 8DdVYOOO8D'S bUSiO8SS enterprises are solicited whenever they are potential sources; (3) Dividing total neqUine0OeniS' when economically feasible, into smaller tasks Or quantities to permit maximum participation by small and minority businesses, and vvOrnGn'sbusiness enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and VVO08D'S business enterprises; (5) Using the services and assistance, as appropriate, 0f such organizations GS the GDlG|| BUSiDeSS /\dDliDiStrGhOD and the K4iDO[ib/ BUsiD8SG DeVe|OpOU8DL Agency Of the Department Of Commerce. (6) Requiring the P[irD8 OODt[@CiOr. if SubOODtr@CtS are to be let, to take the affirmative steps listed iD paragraph (1)through (5) Of this section. 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 CODt[RCtO[ specifically @gnBeS to identify the COUNTY as an additional insured on all insurance policies required by the County. |D addition, the Contractor specifically agrees that all agreements Orcontracts of any nature with its subcontractors shall include the COUNTY as additional insured. bb\|DdepeDd8Dt C0Dt[GC[0[. At all ti0D8S and for all pU[pO88S under this AOnee[DeD[ Contractor isGn independent contractor and not an employee [f the Board VfCounty CODlD1iSSiODe[S Of K4OOnOe County. NO St8te0DeOL COOi@iO8d in this AO[eeODeOL ShG|| be CODSt[USd so 8StOfind the Contractor O[ any Ofits 80p|Oy88S' SUbCODt[GCtO[S. servants, or agents to be employees of the Board of County Commissioners of Monroe County. OC\ E-V8[ifv System. Beginning January 1' 2021, in @CcOnd8DCe with Section 448.095' Florida Statutes, the CODt[8Ck)r and any SUbCODL[@CtO[ ShG|| register with and ShG|| utilize the U.S. Department of Homeland Security's E-VerifySyStenn tV verify the work 8UthO[izah0O StGLUS of all new employees hired by the Contractor during the term Of the C|ODtrGCi and ShG|| 8Xpn8SS|y require any SUbCODt[GCtOrS pHdbFOOiDg work Or Page l0of94 342 providing SHnviCeS pursuant to the Contract to |ik8vvSe utilize the U.S. Department Of Homeland Security's E-Verify system to verify the work authorization status of all new 8rDp|VyeeS 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 8|iSD. The CODt[@CiOr Sh8|| comply with and be subject to the provisions of Section 448.095, Florida S[@ƒuƒ8G. dd\EDti[H AOnH8Ol8OL This writingembodies the entire agreement and UDdHrSL@OdiDQ between the parties hereto, and there are Do other agreements and understandings, O[8| or written, with reference to the SUbieC1 matter hereof that are not merged herein and superseded hereby. Any @D1SDdOUeDt to this Ao[8e[D8O[ Sh@|| be in vv[iUDg' approved bythe Board Of County Commissioners and signed by both parties before it becomes effective. ee\Florida Green Building CV@|iUVn Standards. Monroe County requires its buildings tV conform iO Florida Green Building Coalition standards. Special Conditions, if any, are detailed iO Section OO1OU0fthe Project Manual for this Project. 7.7 Any written notices or correspondence given pU[SUGDt to this COOt[8Ct ShG|| be sent by United States Mail, certified, RtU[D [8C8ip[ requested, p0G[8g8 prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until Ch@DQSd in writing iD the manner provided in this paragraph. Notice iSdeemed P8CeiV8d by Contractor when hand delivered by DG[iOD@| courier with proof Ofdelivery or by U.S. Mail upon verified receipt or VpVO the date of refusal or DVO-@Ccept8DCe of delivery. Notice shall bS sent tO the following persons: For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President Big Pine Key, Florida 33043 For C)VVDer: Director of Pro'ect Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton . Key West, Florida 33040 Key West, Florida 33040 County Attorney Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS Page l9of94 343 The Contractor and its SUbCOOLRaCtO[S must follow the prOVSk>DS. as applicable, GS set h}hh in 2 C.F.R. §200.320 Contract provisions and Appendix || to C.F.R. P8rL2OO. as amended, including but not limited to: 7.8.1 , as amended /40 U.S.C. §§3141-3148\. When required by Federal program |eQiS|GUOn. which iDdUd8S EnO8rg8DCy K8@n8genOSnt Preparedness Grant PnDg[@0O, HOrOe|@Od 88CUritv Grant Pn3gnGOD, Nonprofit 8eCU[iLy Grant PrOQrG[O. l-[ibG| HOnn8|8Dd Security Grant PnOgr8Dl' Port Security Grant PnOgr@rn and Transit Security Grant Pn]g[a0O' all prime CoOStrUCtiOD c0Otn8CtS in eXCeSS of $2.000 8VV8nded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §83141-3144, and §§3146-3148) 8S 8Upp|80SDted by Department OfLabor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable ƒV Contracts Covering Federally Financed and Assisted CODSt[UCLiOD''). In @CCOnd@D&e with the statute, C0Dt[@{tO[S D1USt be required to pay wages tO laborers and mechanics a[8 rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be P8qUin8d to pay wages not less than once a week. If applicable, the County OUVsL place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "B" and made a part hereof. The decision [O award 8 contract 0[ subcontract must be conditioned upon the acceptance Of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal pnDQ[@0D legislation, which includes Emergency Management PR3p8r8dDeSS Grant Pn]g[@0, HO08|@Dd Security Grant PrOgr@0, Nonprofit Security Grant Program, l-[ib8| HO0e|@Dd Security Grant PPOgr@Rl, Port G8cU[ih/ Grant PFOgr@Dl and lFr8DSit Security G[@Di P[Ogr8Rl (it dOSS not apply LO other FEK4A grant and COOp8[GtiVe @gFe8[OROt pnD0r@[OS, including the Public ASSiSt@OCe P[Ogn@Dl). the CODtn8Cto[s, in contracts for construction or repair work above $2'000 in SitU@tiODS where the Davis-Bacon also applies, must also comply with the Copeland '^ADU-Kickback" Act /40 U.G.C. § 3145\, as supplemented by Department ofLabor regulations (29 CFR Pert 3, "CoOtr8CiOFS and Subcontractors on Public Building or Public Work Financed in VVhO|e or in Part by Loans Or Grants from the United St8[8S''). As required by the /\{t, each cVD[[@[tV[ or sUb[8cipieD[ is prohibited from inducing, by any O0eaDS' any p8[sVD employed in the construction, CO0p|etiVD' O[ repair 0f public work, to give up any part of the COOnpeOs8UVD to which he or she is otherwise entitled. The County OnUGt report all suspected O[ reported violations LVthe Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.8.C. G874, 4OU.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) SUbC0Dt[8CtG. The contractor 0[subcontractor shall insert in any SUbCODLr8CtS the C|8USe above and such other C|GUSeS as FEWqA may by appropriate instructions require, and also a clause requiring the subcontractors tOinclude Page 20of94 344 these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance bv any subcontractor or lower tier subcontractor with all 0f these contract clauses. (3) Breach. A breach Of the CoDir@Ct d@USeS above may be gn]UOdS for tR[OOiOGtiOO Of the COOt[@Ci. and for debarment as G CODt[8CtOr and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week statement with respect tO the wages paid each of its eOOp|OyeSS engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding vv8eWy pGyn}|| period. The report shall be delivered by the CVD[r@CtU[ or SUbCoDL[8(tV[' within seven days after the regular p8yrD8D[ date of the payroll period, to8 representative 0f@ Federal Or State agency in charge at the site 0f the building or work. 7.8.2 VVh8F8 applicable, which includes all FEK4A grant and COOpS[8UVe 8gr88DlSDt pFOgr80OS. all OOOt[8C[S awarded by the County in 8xC8SS Of $180.OUO that involve the employment of DleCh8niCS or laborers must comply with 40 U.S.C.§§ 3702 and 3704. as SUpp|8Dl8Ot8d by [}8pGdOO8Oi Of Labor reQU|@UOOS /20 CFR Part 5\. UDd8r4O U.S.C. §3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of 8 Standard work vvHBk Of 40 hours. Work in exCHSS of the standard vvOrh week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic [Bt8 Of pay for all hours worked in eXCeSS Of4O hours in the VVOrh week.The requirements 0f40U.S.C. 3704 are applicable t0 construction work and provide that no laborer or mechanic O0US[ be required to work in sU[n}VOdiDgs or under working conditions which are UDS8DitGry' h@zG[dOUS or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation O[transmission Dfintelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. NO contractor Or subcontractor contracting for any part Of the COOtn@Ct VVDrk, which may require or iOVO|V8 the employment Of laborers Or mechanics shall require Or permit any such laborer or Dn8ChaOiC in any workweek in which he or she is 8rnp|Vy8d OD such work tO work iD excess Of forty hours iD such workweek unless such laborer or mechanic receives compensation ata rate not less than one and one-half times the basic rate Of pay for all hours worked in excess Of forty hours iD such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event Of any violation Of the clause set forth in Paragraph (b)(1)Of this section, the Contractor and any subcontractor responsible therefor shall be Page 21of94 345 liable for the unpaid wages. In addUion, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or 8 t8O'ib]ry' to such District Or to such territory), for liquidated D8OO8g8S. Such liquidated damages shall be computed with respect iO each individual laborer Or 008Ch8niC, including watchmen and guards, S00p|OySd in violation Ofthe C|GUS8 set forth in Paragraph /b\/1\ of this G8CiiOO' in the SU0 Of $27 for each C8|8nd2r day OD which such individual was required or permitted to work in eXC8SS of the standard workweek of forty hours without payment Of the overtime wages required by the clause set forth in Paragraph (b)/1\ 0f29C.F.Fl. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency ShG||' UpOD its OVVO @CiiOD Or UpOO written request of GD authorized nSp[8S8DtGtiv8 Of the O8p8rt08Dt Of Labor, withhold or C8USe to be withheld from any moneys payable On account of work performed by the contractor O[ subcontractor under any such contract Or any other Federal contract with the S@0e prime COOtr@[tOr' or any Other federally-assisted CODt[@Ct SUNeCt LO the [:ODt[@Ct VV0[k Hours and Safety Standards Act, which iS held by the same prime contractor, such sums as may be determined to be necessary to s8hnf» any liabilities of such Q]ntnSCtVr Or subcontractor for unpaid vv8g8G and liquidated d@0O@g8S as provided in the C|@USe set forth in Fz@[@gr8ph (b)/2\ 0f 29C.F.R. §5.5. (4) Subcontracts. The Q]DtD3Cior or SubCOOt[@[tOr Sh8|| iOS8ri in any subcontracts the clauses set forth iD29C.F.R. &5.5' Paragraphs (b)/1\ through (4), and also Gclause requiring the subcontractors tO include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for tonnp|iaDCH by any subcontractor or |Vvver tier subcontractor with the clauses set forth in 29 C.F.R. @5.5. P@[@Qr@phS (1) through (4) 7.8.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal @VV@nd meets the dehDih0D of "funding Gg[Ge0eDt' under 37 CFR §401.2 (G) and the recipient or SUbr8cipieDt wishes to enter into 8 CODƒ[a[t with @ SDl@|| business hrn0 or D0OprVf[ OFg@Diz@hOD regarding the substitution Of parties, GSSigDDl8Dt Or perf0[Dl@DC8 Of experimental, developmental, Or nSsH8rCh work under that "funding agrHement," the recipient or sUbr8Cipi8Dt 0USi C00p|y with the F8qUiF80eDtS Of37 CFR Part 401. "Rights to |OveOUVDs Made by Nonprofit Organizations and Sr08|| Business Firms Under Government Grants, Contracts and Cooperative AoreementS." and any implementing regulations issued by the awarding agency. 7.84 Clean Air Act (42 U.S.C. U401-7671q.) and the Federal Water Pollution Control Act (33 . Contractor @gnBeS to comply with all @pp|iCGb|S Page 22of94 346 standards, orders O[ regulations issued pursuant tOthe Clean Air Act (42U.S.C. §§74O1- 7O71q), 8s amended and the Federal Water Pollution Control Act 8s amended (33U.@.C. 8§1251-1387) and will report violations to FEMA/Feder@| Agency and the appropriate R8giOD8| [)OiCe of the EOVinDD08Dt8| P[OiSCLi0n AO8DCy (EPA). The C|S@D Air Act (42 U.8.C. 74O1-7071q.) and the Federal Water Pollution Control Act /33U.S.C. 1251-1387\. as amended—applies to Contracts and subgrants of amounts in excess of$100,000. The contractor agrees LV include these requirements iD each subcontract exceeding $10O'OOO financed in whole or in part with Federal assistance provided by FEyWAJFed*ra| agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to 8SSu[e OOtifiO@dOO to the Department 0f the Treasury/Federal Agency and the appropriate EPA Regional Office. 7.8.5 COnLr3Ct GYVGrd under G "covered transaction" (see 2CFR §18O.22O) must not be made tO parties listed OD the gOv8[D08nt-vvid8 exclusions in the SySL80 for Award M8O8gH0eDt (8AM). in accordance with the OMB guidelines at 2 C.F.R. Pert 180 that implement Executive Orders 12540 /3C.F.R. Part 1988C00p., p. 189\ @Dd 12688 (3 [|.F.R. Part 1089 {}O0p.. p. 235). "Debarment and GUSp8DSiOD~ and the Department Of HO0Oe|@Dd Security's regulations at C.F.R. P8rL3O0O (N0npr0Cur8ment Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, @S well 8S parties declared ineligible under statutory D[regulatory authority other than Executive Order 12549. SAK4 exC|USiVnS can be accessed at . Contractor is required LV verify that none Of the contractor's principals (defined at C.F.R. 818O.935) Vr its affiliates (defined at2C.F.R. Q18O.9O5) are excluded (defined at2C.F.Fl. &18O.94O\O[disqualified (defined @[2C.F.R. G1OO.935\. The Contractor must comply with 2 C.F.R. pt. 180' subpart C and 2 C.F.R. pt. 3000. subpart C. and rnuG[ include G requirement 1O comply with these regulations iO any lower tier covered transaction itenters into. This certification is @ nO8t8ri@| representation of fact relied upon by the C|OUnh/. If it is later determined that the contractor did not comply with 2C.F.R. pt. 180. subpart Cand 2 C.F.R. pt. 3000. SUbp@rtC. in addition to F8Dl8di8S available t0the COUDiy. the Federal GOVerD0OeDi may pursue GV@i|Gb|e [HDledi8S' including but not limited to SUSpeDsiOD and/or debarment. Bidders or PnJpOSe[S agree to comply with the requirements of C.F.R. pt. 180' subpart C and 2 C.F.R. Pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Bidder or Proposer further agrees to include G p[OViSiOO requiring such COnOp|i@nCe in its lower tier covered tr@nS@CtiOns, including that the 8vv@nj is subject h} 2 C.F.R. Part 180 and the Department Of the Treasury's implementing regulation 8i31 C.F.R. Part 19. 7.8.6 Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any p8rSOO or organization for inOUSDCiDQ Or @ttenOpbOQ to iOOUSDCe an officer Or employee of any agency, G member 0fCongress, officer Vremployee of Congress, or an 8rnp|Oy8e of member of Congress in connection with obtaining any Federal contract, grant or any other Page 23of94 347 award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such diSC|V8U[es are forwarded from tie[ to tier Up to the recipient who in turn will h3[wx3nd the CSrtific8tiOD(S) t0 the awarding agency. |f the award exceeds $1OO.0O0, the certification, attached hereto as Exhibit "C" and made @ part hereof, must be signed and submitted by the Contractor L0 the County. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. The CODirGCt0r 0USt CO0Op|V with Section 8002 of the Solid VV8Ste DiSp0SG| Act, GS amended, bvthe Resource Conservation and Recovery Act. The requirements ofSection 6002 include pnOCUriOQ only itSDlS dSSigO8i8d in 0Uide|iO8S Of the EDViFOnDl8Ot8| Protection Agency (EPA) @140 C.F.R. Part 247 that COOi@iO the highest percentage Of recovered OO8t8ri@|S practicable, CODSiSiSDi with rO8iDi8iDiDg 8 G@tiSfGCLOry |eV8| Of CODlpeUtiOO. where the pUnChGSe price of the item exceeds $10.000 or the V8|Ue of the qU8DU[v @CqUiF8d during the preceding fiSC8| year exceeded $10.000; pnOCU[iDg solid waste management services ine manner that maximizes energy and resource recovery; and SSL8b|iShiDg an affirmative prOCUreD1eOi program for pF0CUreD1eDt Of recovered 0Oat8ri@|S identified in the EPA guidelines. In the p8db[0@OOe Of this CODt[aC[' the Contractor shall make 008xiDlU[D use Of products containing n8C0v8[8d materials that are EPA-designated items unless the product cannot be acquired -- 1. Competitively within a ti[OefrGOOe providing for CO[Op|i8OCH with the COOtr@Ct performance schedule; 2. Meeting contract performance requirements; or 3. At8reasonable price. |OfOrD1atiOO about this PBqUinCODeDL @|OOg with the list Of EPA-designated it8DlS' is @v@i|@b|S at EPA's Comprehensive Procurement Guidelines vv8bSite. . The CODtr@CkJ[ also @g[H8S to C00p|V with all other applicable [eqUi[808DtS Of Section 0002of the Solid Waste Disposal Act. 7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � . Recipients and SubrSCipi8nbS and their COntr@CtOnS and SUbCOntR]CtOrS may DOt Ob|iQ@L8 Or expend any h3dS[8| funds to (1) P[UCU[8 or Obi@iO| /2\ EX18Od or nSOeVV 8 contract to pn]CUn8 Or obtain; Or (3) Enter into @ DOOtr@Ct (Or extend or rHD8VV @ CODtF@Ci) to pnUCUFH or obtain equipment, services, or 8y8te00S that uses covered telecommunications equipment orservices as @ SubSt8nh@| or essential CODlpOD8Di of any SySLeDl' or as critical t8ChDO|Ogy as part of any SySL8OO. As described iDPUb|ic Law 115-232, section 889' covered telecommunications equipment iS telecommunications equipment produced by HU8VVSi l[eChDO|0gi8S Company Or ZTE Corporation (or any subsidiary O[affiliate Df such 8DƒiUes\. Page 24of94 348 (i) For the purpose of public safety, security of government f@C|iti8S. physical S8Curhv surveillance of QiUca| infrastructure, and other D8tiVD@| security purposes, video SUrvei||@DC8 and telecommunications equipment produced by Hv[e[@ CVDlDlUDiC8ti0DS COrpOr@iiOD, H8DQzh0U HikViSiOD Digital lFSChD0|Ogy {}ODlp8Dy. Or D@hU@ Technology Company (or any subsidiary V[affiliate Of such 8DUb8G). /Iii\ l-e|eCO000UOiC8tiODS or video SUrVei||@nc8 services provided by such entities or using such equipment. (iiii) Te|ecornnounic@Uons or video surveillance equipment or services produced or provided byGD entity that the Secretary of Defense, iD consultation with the Director Vfthe National Intelligence or the Director Of the Federal Bureau of |nveStig8U0n, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 7.8.9 The County and COOfr@CtO[ ShOU|d, to the greatest extent pr@CtiC8b|8. provide @ preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to inOD. 8|UDliDUOO. GteG|' C8D1eD[' and other Dl8nUf8C[Umed prOdUCtS). The neqUine[D8OtS Of this S8CtiOO rDUSt be iDC|UdSd in all SUb@VVGrdS including contracts and pU[ch8S8 orders for work O[ pn]dUCtS under federal award. For purposes Of this section: (1) "Produced in the United States" means, for iron and steel pn3dUCiS, that all Dl@nUh3[tU[ing processes, from the initial rne|bOg Stage through the application Of coatings, occurred iO the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part Cfnon-ferrous metals such as a|U0OiDUD1; p|aSUCS and polymer-based products such as polyvinyl chloride pipe; aggregates such GS concrete; glass, including optical fiber; and lumber. 7.8.10 This section applies if the contract is in excess of$2,000 and pertains to construction or repair, and further, if required by Federal program legislation. CODtr@CtV[ shall comply with the COpS|@Dd "Anti-Kickback" ACt (40 U.S.C. §3145)' as supplemented by Department Of Labor regulations /29 C.F.R. Part 3\' "Contractors and Subcontractors on Public Building Or Public Work FiO@OCRd in Whole OriD Part by Loans Or Grants from the United States"). The /\CL provides in part that Contractor shall be prohibited from inducing, by any means, any pHrSOD employed in the construction, completion, or repair nfpublic work, to give Up any part Of the compensation tO which iLiS otherwise entitled. The County shall report all SUSp8Ct8d or reported Vi0|8UODS to the State of Florida Department of Economic Opportunity. Page 26of94 349 Other Federal and State of Florida Department of Economic Opportunity Requirements (as applicable) 7.8.11 The Contractor will comply with all the requirements as imposed by the AOA. the re0u|@UOnG of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.8.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and SUbC0Dt[@CLO[S 8CkD0YV|edge and agree to CODlp|y with @pp|iCGb|8 p[OViSiOOS governing the access t0 RgCondS, @CCOUDtS, d0CU00eDtS' ink}[00Gti0D' t8Ci|iUeS and staff by the United States Department of the l[rS8SUry. C0Dtr@CL0rs/COOSU|t3DtS DlUSL: (1) CDOp8[8t8 with any compliance FRViRVV or COrDp|@iOt investigation conducted by the Department of the lFr8GSUry; (2) Give the Department of the Treasury @CCeSS to and the right to eXGnOiDe and copy PeCOPdS' GCCOUOtS, and Other dOCU0OeDtS and SOU[CeS Of iDfo[D1@UOO related to the grant and permit 8CC8sS to f@Ci|ih8s' p8[SODDe|' and other individuals and information as may be necessary, as required by the Department of the Treasury R3gU|@UOOS and other applicable |@VYS or program guidance; and (3) Submit timely, CO0p|fte. and 8CCUr@tB reports to the appropriate D9p@[t08Dt of the l-[e8SUry officials and maintain appropriate backup documentation t0 support the reports. 7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting from 8 change nr modification, change order, Or constructive change Ofthe agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and b8 reasonable for the completion Of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 7.8.14 This is an acknowledgement that the Department OfHousing & Urban Development (HUO)financial 8sGiStGDCe will be used to fund all Or 8 portion of the Con[r8CL The Contractor agrees to comply with the requirements of Title I of the Housing and Community Development Act of 1974' as amended (42 U.G.C. Sections 5301-5321. regulations adopted by the Department Of Housing & Urban Development pursuant to Title | of the Housing and Community Development Act of 1974' 88 amended. and guidance issued by the D8p@[t0eD1 of the Housing and Urban DeVe|Op08OL regarding the foregoing. The Contractor also @QFeSS to CUOOp|y with all other applicable federal Si@tUiSS. n8gU|@UODS. and executive orders, and the Contractor shall provide for such CODlp|iGOC8 by other parties in any agreements it enters into with other parties re|8UDQ to this award. Federal regulations applicable i0this Department 0fHousing and Urban Development avv8nd include, without |irDitG[iVD, the following: i. Uniform Administrative ReqUiP8[O8OtS, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200. Page 26of94 350 ii Rules and P[OCedU[eS for Efficient Federal-State Funds Transfers (31 C.F.R. Part 205). iii C0mnnnunhv DSvG|Oprnen1 Block Grant (C[}BG) Technical MGrnOr@nd@ /hftpS://YVVYVY.hUdeXCh8O08.iOfO/COOOD1UDity-deV8|OpDl8Dt/Cdbg- Dl8D1O78Dd8/\. iv. Applicable HUD CO00UDitv P|8DDiDg and [}evH|0p0GDt Notices (hftpS://YVVYVV.hUd8XCh@ng8.iDfo/OOGO208-8pnDQr8Ol/Cpd-DOUC8S); V. 8iOg|8 Audit Act Amendments Of 1990 (31 U.G.C. 8& 7501-7507) EDVirOD0eOt@| FleVieVV Procedures for EOUdeS ASSUO0iOg HUD Responsibilities /24 C.F.R. Part 58\. Vii. EDVinOD08nt@| Ch18h@ and Standards (24 C.F.R. Part 51). Viii. Flood Disaster PrOL8{tiOD Act Of 1973. as amended (42 U.S.C. 8G 4001- 4129). F|O0dp|8in Management and Protection of Wetlands (24 C.F.R. Part 55). and Executive Orders 119M8 (F|oOdp|@in Management) and 11990 (Protection of Wetlands). in. National Environmental Policy Act of 1969. as amended (42 U.S.C. 8§ 4321-4370h) and other provisions of |@vv which further the purpose of this @[t. X. National Historic Preservation Act of 1966' as amended (54 U.S.C. 88 300301-320303), Protection Of Historic Properties(30 C.F.R. p8rt80O). and other provisions Of|@YV which further the pU[pOS8 of this @Ci. A. Archaeological and Historic Preservation Act Of 1974 and Reservoir Salvage AC[ Of 1980, GS amended (54 U.G.C. GG 312501-312508). xii. Safe Drinking Water Act Vf 1974, as 80O8Dded (42 U.S.C. G8 300f, etseq.). Xiii. Architectural Barriers Act of 1988 (42 U.S.C. §§ 4151-4157) and the Uniform Accessibility Standards, as applicable. xiv. Federal Fair Labor Standards Act of 1938, as amended (29 U.G.C. @§201- 219). xv. Uniform Relocation Assistance and Real Property Acquisitions Act 0f187O /42 U.S.C. §§ 4801-4655\ and the applicable rules for Federal and Federally Assisted PPOg[@0OS 8t49 C.F.R. Part 24. XVi. Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §84821-4848); the Residential Lead-Based Paint Hazard R8dUCiiOD Act Of1SS2 (42 U.S.{}. 8& 4851-4850); and the applicable implementing regulations @ƒ24 C.F.R. Part 35 and 24 C.F.R. Part 570' Subparts A, B. J, N, and R. XVii. G8CtiOO 102 Of HUD Reform Act Of 1980 (42 U.S.C. § 3545) and HUD Reform Act regulations 8t24 C.F.R. Part4. xviii. Section 102 Of ||UO Reform Act of 1989 /42 U.S.C. § 3545\ and ||U[) Reform Act regulations 8t24 C.F.R. Part 4. XiX. FR-0218-N-01: yJOUce Of Program RU|eS. VV8iV8rS. and Alternative Requirements Under the CARES Act for (}DBGCV Grants, FY 2018 and 2020 COBG Gn3nƒs, and Other Formula Pn]gn3rn8. Page 27of94 351 7.8.15 The Federal G0VeDl0OeDt is not party LOthis contract and isnot subject[O any obligations o[liabilities tn the CouD[V/DoD-Federal entity, contractor O[any other party pertaining tO any matter resulting from the contract. 7.8.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor @CknOvv|SdgeS thGL31 U.S.C. Chap. 38 (Administrative Remedies for False C|@irnS and Statements) applies tOthe COnL[8CtOr'S actions pertaining to this C0n[r8Cƒ. 7.8.17 The Contractor shall utilize the U.S. Department Cf Homeland Security's E-Verifysys*emm to verify the employment eligibility of all new employees hired by the Contractor during the term of the COD[[8Ct and Sh@|| expressly require any GUbc0D[[8CtOrS performing vvO[k or providing SerViC8S pursuant to the Contract to likewise utilize the U.S. Department of HODle|@Dd Security's E-Verify SySL80 to verify the 80p|OyOOeDt eligibility Of all new employees hired by the subcontractor during the Contract term. 7.8.18 The Contractor will be bound by the terms and COOdidOOs of the Federally Funded C0DlDlUDitv Development Block Gn8Di CARES (CDBG-CV) grant found at and made a part Of this Agreement. 7.8.19 The Contractor shall hold the United States, State of Florida, and County harmless against all C|8iDlS of whatever D8LUr8 arising out of the Contractor's ped0[Dl@D0e of work UDd8[ this Agreement, to the extent allowed and required by |8VV. 7.8.20 Energy Efficiency. U applicable, the Contractor will comply with the Energy Policy and Conservation Act(P.L. 94-1G3; 42U.6.C. &§W201-G422) and with all mandatory standards and policies R»|@Un0 to energy efficiency and the provisions of the Sƒaƒ8 Energy Conservation Plan adopted pursuant thereto. 7.8.21 Conflicts of Interest. The Contractor understands and agrees it must maintain @ConOict- Of-iO1SPeSi policy consistent with 2 C.F.R. § 200.318(C) and that such COOOici-Of-iOt8[8Si policy is @pp|iC@b|8 to each activity funded under the federal Gvv@nd GS Se[ forth in Attachment A. The Contractor and subcontractors must disclose iD writing ƒV Treasury V[ the pass-through entity, as 8ppn0p[i@L8. any pOteDU8| CVDUiCt of interest affecting the awarded funds in accordance with 2C.F.Fl. 82OO.112. 7.8.22 Hatch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act(5U.8.C. &§ 15O1-15O8 and 7324-7328). which limit certain political activities 0fState or local government employees whose principal e00p|VyO0eOt is in connection with an activity financed in VVhO|e or in part by this h3d8r8| 8SSiSt@Dc8. Page 20of94 352 7.8.23 a) The United States expressly disclaims any and all responsibility or liability to the CODir8{tOr Or third pSrSODS for the GCbODS of the Contractor or third p8nGODS neSU0Dg in death, bodily injury, pnDpedxda0Dag8S' OrGOyOth8[ |OSSeSreSU|tiDgiO@OyVV@yfrO0ihR performance Of services funded under the federal award 8S set forth iD Attachment /\ O[ any Other |OSsHS n8SU|Ung in any way from the pedb[OOGOCe of services pursuant to any contract Or subcontract under this award. b) The acceptance of this funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship b8iNxeeD the United States and the Contractor. 7.8.24 Protections for Whistleblowers. 8) In accordance with 41 U.S.C. 84712' The Contractor may not discharge, demote, or otherwise discriminate @g@iDS[ an employee in nep[i8@| for diSC|VSiDg to any of the list Of persons or entities provided be|Vvv. information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal fUOdS' an 8bUS8 of authority relating to 8 f8dS[@| COnt[8Ci Or grant, @ SUbSt@Dti8| and specific danger to public health Or S@feb/' or G ViO|GUOO Of |8VV' [U|e' or [eQU|@U0O related tO8 federal contract (including the competition for O[ negotiation Of@ contract) O[grant. b) The |iSi Of peFSODS and entities FSfH[eOCed in the paragraph above includes the fOUOVViDQ: i. /\ member Of Congress Or@ representative Of8 committee OfCongress; ii /\n Inspector General; iii. The Government Accountability Office; iv. /\ Treasury employee responsible for Contract or grant oversight Or rO8O8geKleD1; V. An authorized OOiuiG| of the Department of Justice Or other |@vv enforcement agency; vi. A court 0[grand jury; 0[ vii. A 008Dage008Dt official or other employee of Recipient, C0Dt[@CtOr, or SUbCOOt[@CiO[ who has the responsibility to iOVeSUg@t8. discover, Or address misconduct. C\The Contractor shall iDfV[r0 its employees in vv[iUOg of the rights and remedies provided under this section, iD the predominant native language of the workforce. Page 29of94 353 ARTICLE 8 Termination or Suspension 8.1 The C0Ot[@Ct may be t8O0iD8Led 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 iO terminate this Agreement after five/5\calendar days'written notification ƒO the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (8O} d@yS' VV[itt8D notice Of its intention iOdOso. 8.4 l-eF00iD8tiOD for Cause and R8nOSdi8S: In the 8V8Dt of breach of any contract terms, the County retains the right to terminate this Agreement. The CVVDh/ may also terminate this Agreement for cause with Contractor should Contractor fail to perform the COveD8DtS herein contained 8ƒ the time and in the DlaOD8r herein provided. In the event Ofsuch termination, prior to termination, the County shall provide Contractor with seventy-two (72) hVUnS' written DVUCe and provide the Contractor with an opportunity to cure the breach that has occurred. |f the breach iS not cured, the Agreement will be terminated for cause. If the County terminates this AoF8e00eOt with the C0Dt[GC[0r, [|VUDtv Sh@|| pay Contractor the SUDl due the COOLr8[tO[ under this Agreement prior to t8[0OiD8tiOD. UD|eSs the cost of COOOp|8tiOD to the County SXC88dS the funds rS0O8iDiDg in the C0Dtr2Ci; h0VV8V8r' the County reserves the right tOassert and seek 8D offset for damages caused bV the breach. The maximum amount due ƒV Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County [eS9rvGS all rights available ƒO P8C0Up DlODi8s paid under this /\QmeeD18DL including the right to SU8 for bP88Ch of contract and iOdUdiD0 the right to pUrSU8 @ C|8iOO for violation of the COUOb/'S False C|8i0S Ordinance, located at Section 3-721 et G|. of the yWOnr08 County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, UpOD thirty (30) days' YV[iU8D DOUC8 to CODinGCtO[ If the COUDtv t8[0OiD8t8s this /\oPeerDeO[ with the Contractor, County shall pay CVO[n8(to[ the sU[D due the Contractor under this Agreement prior[0 termination, unless the cost Of completion [Othe County 8XCSedS the funds r8O18iDiDg in the contract. The OO8XinlUDl amount due tO Contractor shall not exceed the spending cap in this Agreement. 8.8 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted 8 false certification under Section 287.135(5), Florida Statutes 0rhas been placed on the Scrutinized Companies that Boycott |an3e| Liat, orisengaged in G boycott of Israel, the County shall have the option Vf (1) te[[DiD8[iDg the /\OPee008D[ after it has given the (|DDt[@ctO[/CoDSU|1GDtVVritt8D notice and an opportunity to d8DloOStr8t8 the 8gSDCy'S determination Of false C8riiDC@bOD was in error pUnSU8Ot to Section 287.135(5)(G)' Florida Statutes, or /2\ 0@iD[@iOiOg the AgR3eO0SOL if the QoDdiUOOS Of Section 287.135(4), Florida Statutes, are met. Page 30of94 354 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: Construction Drawings as provided by LandDesign, Inc. • Permit Set Plans dated 11/01/2024. Page Numbers: C0.0, C1.0, C2.0, C3.0, C3.1, C4.0, C5.0, C5.1, C5.2, C5.3, C6.0, C6.1, C6.2, C6.3, C6.4, C8.0, C8.1, 1-1.0, L1.1, 1-1.2, L1.3, L1.4, 1-11.5, L2.0, 1-2.1, IR-01, IR-02, IR-03, IR-04, IR-05, IR-06, IR-07, E1.0, E1.0P, E1.2, and E1.3 (36 pages total) 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 not otherwise amended or changed as outlined in this Agreement. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 11/2/2023 1 2 11/27/2023 1 3 12/6/2023 30 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 31 of 94 355 1 Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEA�j; BOARD OF COUNTY COMMISSIONERS ' Attest: X— in Madok, Clerk OF MONROE COUNTY, FLORIDA 1' .. l Deput .Clerk By- Mayor/Chairman MONROE"couNTY.ATTOANErs OFFICE APPROVED AS TO FORM CONTRACTOR: PEDRO FALCONi = CONTRACTORS _._ rsrAc�TccuN,YwTroEv fi DATE: 7-D1-20�5 Signature,ux' . Print Name:Christian Br s -n Title: as President Date: 07/03/2025 STATE OF FLO COUNTY OF h8DO& On this day of 'du 2029,before me, the.undersigned notary public, by means of i physical presence or 0 online, personally appeared 0AVZ ASTI-&1 69�S (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 ROWELL'S WATERFRONT PARK REDEVELOPMENT PHASE 11 REDUCED SCOPE for the purposes th in contained. Notary Public Comm:NH 88 88 Print Name l `? lJf � i ' <� Expires:Apr.98,2029 My commission expires-,AfttL-,2 2 - (Seal) "'%kox ti°' Notary Public,-.State of Fonda Page 32 o€94 356 GENERAL REQUIREMENTS Where Project yW@nagernen[ isNV[8CnnstructVr GSCtiOn0O750 General Conditions Section 00970 Project Safety and Nea|Dl Plan SeCtiOnOOS8O Contractor Quality Control Plan SeCtiODO1O15 Contractor's Use of the Premises Section 01027 Application for Payment SeCti0nO1O30 Alternates Se(tiVDO1O4O Project Coordination Section 01045 Cutting and Patching SeCiiOOO1O5O Field Engineering S8CiiOOO12OO Project Meetings Section 01301 Submittals Section O1310 Progress Schedules SSCiiODO137O Schedule OfValues 8eCiiODU1385 Daily Construction Reports S8CiiODO1395 Request for Information— /FlF|\ S8CiiOOO1410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Se[ti0DO15OO Temporary Facilities 9eCiiOOO152O Construction Aids SeCiiOD81S50 Access Roads and Parking Areas Section 01580 Temporary Controls Se(tiOnO159O Field Offices and Sheds SSCtiOD01595 Construction Cleaning Section 01000 Material and Equipment S8CiiOOO103O Post-Proposal Substitutions Se(tioDO184O Product Handling Section 017O0 Contract Closeout Section 01710 Final Cleaning SRCiiOOU172U Project Record Documents S8CiiOO 01730 Operation and K4aiOieO@nC8 Data S8CiiOOO174O Warranties Page 33of94 357 EXHIBIT A Revised Scope of Work, Plans, Specifications, and Proposal Page 34 of 94 358 PEDRO FALCON x CONTRACTORS, 31160 Avenue C, Bid Pine Key, FL 33 43-451 (305)5 2-2200-Fax(30 )872-2219 EC 13 034161 CGC 150717 www,pedrofalcon.com 11-06-2024 Attn: Wendy Carter Project Manager Monroe County Projecty Management 102050 Overseas Highway, Rm 219 Key Largo,Florida 33037 Dear Ms.Carter, Pedro Falcon Contractors, Inc.has reviewed the project,which per our conversations, is over the allotted budget. Pedro Falcon Contractors, Inc.can offer the following value engineering and options for the County to evaluate and possibly incorporate into a project that can move forward, within the allotted budget. Pedro Falcon Contractors,Inc.provided a Value Engineering bid amount of $2,894,000.00, at the Counties request,on 10 July 2024.Subsequently,the County has hired a new Engineer to revise the plans and incorporate additional value engineering and revisions to delete the bathroom building and other items.The plans attached in this e-mail provide a 95%design for permitting(including redline comments from PFC)that are the basis of this proposal. Any additional changes to the permit plans will be subject to review and cost adjustment if warranted. As a part of our value engineering PFC proposes the following matching the permit plans: Permitting: Cost reduced to match revised project cost Bond: Cost reduced to match revised project cost General Conditions: Cost reduced to match revised scope of work and project timeline Earthwork: Cost revised to accommodate cost increases Site Utilities: Deleted with exception of electrical work show on revised electrical plans Fire Well, Work Eliminated Landscaping: Cost revised to accommodate additional sodded area Irrigation: Cost to remain the same with no reduction is scope of work 4"Soil Under Sod Cost reduced to match revised project cost Auger Pile: Work Eliminated Building Concrete: Work Eliminated Site Concrete Wall: Cost revised to accommodate cost increases Building CMU; Work Eliminated Dumpster CMU: Cost to remain the same with no reduction in scope of work Railings: Work Eliminated Industrial-Commercial-Institutional-Residential-Utility 359 Established 1984 Page 35 of c . Millwork: Work Eliminated Building Woodwork: Work Eliminated Insulation: Work Eliminated Roofing: Work Eliminated Doors&Windows: Work Eliminated Stucco: Work Eliminated Flooring&Watt Tile: Work Eliminated Gypsum: Work Eliminated Paint: Work Eliminated Site Furnishing: Cost to remain the same with no reduction in scope of work Toilet Partitions: Work Eliminated Toilet Accessories: Work Eliminated Fire Ext./Signage: Work Eliminated Plumbing: Work Eliminated Mechanical: Work Eliminated Electrical: Cost reduced to match revised project cost Musco Lighting: Work Eliminated Alternates: Work Eliminated Synopsis of Work to Be Performed: • Permitting • Erosion Control-per documents • Tree Protection-per documents • Site Clearing&Grubbing-per documents • Utilities-Deleted with exception of electrical shown on revised plans • Earthwork(import/Export, Retention Ponds,Site Grading&Compacting)-per documents • Drainage System(Inlets&Storm Piping)-per documents • Site Concrete(Curbing,Sidewalks, MES,Flumes&Gravity Wall)-per documents • Asphalt Paving,Striping,Wheel Stops-per documents • Landscaping-per documents • Irrigation-per documents • 6"Soil-Revised to 4"Soil to reduce cost • CMU at Dumpster-per documents • Site Furnishing-per documents with exception of SF-1 &SF-6 which have been eliminated • Electrical o Parking Lot Poles&Lighting included • Gear to outside building included-cost revised to accommodate NEMA 4R o NO raceway,poles, lighting,etc. at field o Design by FOR General Wage Decision Number FL20240022 11/01/2024 is considered and included in this proposal. 360 Page 36 or tt4 All of the above can be provided for the sum of: Two Million Nine Hundred Eighteen Thousand Five Hundred Forty-five Dollars and Zero Cents $2,918,545.00 Pricing is guaranteed forthirty calendar days.We have been notified of scheduled cost increases after that time. If you have any questions, please give me a call. Respectfully Submitted, Ken Bygler Project Manager 361 Page 37 of �.+ 'j V' 'It 01 t-01919 370x N30Ni�00 7Yi35 QNY 03N9t5 31f3 3lNO113313 3Hi 51199H5 51 Hi 30 GdDJ'9t 7bi]1330 3Hi -3311ON a LL�z o0 s 00 Q n o s a � ° Q ° Z Q = Q Z O o O h. c �u>0 w N w -C 0 0 of CwO x x ow �x m w c � m y o W �{ p 14 .. `.* sh u L) lz Q s ag F—v W L� w f-a �3 w"dys ° z z°oNpp - o v jot E � � E gg N _ 9j01cLi d w A o a z 362 w moo= o d 5 F W N LL N o w. W 2~UJ IL a w } M N to CL Z -c r* � s Y Fl flk s � a ^ .. \ r v f �t ?0 s r e r r t r r � x i r r ti t j� k X j ttt V/ W \ t 363 ui z Ui 0 a) 0 CL L ui CL fn -imo) R LU t10 H.Y ni s; HE-I- �w mn.-T--z z- s M TH I Y, Ep -A z., z" o. < 1p A. R R 66 < z I I <6— w 5� �T 1 8 w Z w-1 I - ..1- -1 g6 R s 12 R—H �Z, Ts*".ss 121,- 0 �z N-IN s w, go z z-' waw so 0�. �Q, �O E HUM z 29 "1 "-x T 'go < < w,o pew aw 6 z� < '�z I z" i2, <P, -0. 'To 2w, oo- z z 5., -z' x'. Nl .. .. . x x, Tw '-j . � woo HM 5 o z '.,'. '-2 . g� ,�'i w�i�t '- x, 'w 2w woo E2 0 9 z as _ rw Sao �z ID m z z, to z < z z, p wal 5 T< w z z < 2 2 w. z6 'S boo 00 z z ,w py W, K dw 'S < 5 z z- < < < T w- z 9z E 5 �w F -u wg �-4 z ia gw- n- z '7 -z 0 �1�-Q who w z� w,- '0 q w �-.;E z Z F�"p Ro w. T 1 OH�Sao <w. on'w E6 w. L,-< Z �08 2 6 z F 9� 0 0 z z r z- 6zz z;� z w z z .1 z, z W 0 -'69 Ei < 2 -2 'z- z� 0 w R. 8c 88 1 s 2, �x' "z X, Jj z I z 4 'w w o �O -o w Y w w,- 5 P. w z.w 10 g� .0 w o. s >F 0 9, z < < 32 'z z z,w-w z. 'o i- ' -o. z M z. I-.'r�T,-w V zo '- s�-�- - §L� 0— w Z Z z 12 < 2 8 P2�N P zo 0. "16 z z w > 8 z H gg gP a» T A 1 21 364 w 5 W F W N LL N o � #w. W OFR a O7 CL p,. z t ``x t a � y \\ \ Ft ye@ 1 \ r r � fs 365 h w 0 T M-j cy) cc 0 UJ w (L cc LU t10 fu gv aw CL a Cam 8 u Q < z < -z' 0 z z < z 'z IM < < �H u z w O aCIx a Su w- w t-li -w z, E zo 'y LD —7 0 Z, u 2 R a < zE z' z z" I'll z Is E aw —M. H w�iV UN- z _<H o ow p-E,.- ERKg H:,� Sooz Mug — � E g,I I I —Rz— z--§g HP ......1 RH-1-IL N-Mt N-H w , 1H I ' -'g 5�'- PLEz 8 psWm�o -z H 'n- E H,§ " .t -, a -�--MR5 oM — e� g, 2 t-H R8 z� H�2jg--N'- "M N— z, 0 M�,. =,yew , 'IF-, ME z-w— < ooI� ow z— < IS ww.w. -w F< 1. w"'. 0 w �R z gt_, "Ro�_ H I PH, H—Ex E m HUI— _2I .—I, z R� I z, z 6R, -w I E4 0. Gx -w, zo 2- 92 y I TYR. �2 F zQo z, < R ffiaF2 -w I w, z "oQ�zz 1-H w- 'mwc t t 0 z ol ws tHR I z I�7 t, I Oz zo I < E I zlp ol z 'Oot cQw- 0 as 5 z 7, 0 6zl z. 1, w aF� z z INz� I < 0 —LE ;i > �on 7E . zff- 2— T zo 2 1 T g �� "'I w-.NS' .5 8cww 88L - , - , w , I, ..I� xaa RE I < SH. MMO 366 uj 4- 0 ova It. ui CL -i � LU o. dm aA Z- 26va L7 FF EF w 45 i-- > ..... ..... ........... 367 ui 0 fn 1 L6 LU ui ui CL CL aQ on -17 - - - - - - - - - - -I LU LA > LA z NO" > + o < LU II LL. >D O tx .>s v . ......... o f-M- a TH L - - - - - - - - - - 368 s N :70- m w F LU Lo #�. W �WR o s U O a U.o 0 O O 3m 3 oa IFHm w o w 13S SIH1 dO"Vd ION m .� 13SVHd� 1 0 Zl nw \ y O s � -; ❑Y rta I d � �4�w0 { ��z L4 Q�w00 1 m X J _ s 1NZ rrrr- 1 J J I ° k 32 , 6zz- zz ' Ln n , y 1 _ -IZ I $ N 369 w Az— z E w F W�a ui rn w �wa CL (B o v p w Ur W $ S z o N N w_ N a z � w � w a w a z z z ro z z z w u � a ¢ o z Q nf IF � � � w pz 1 £'Sa 33S-3NIl H:)ltlW 1 z �... to U Q �I >+ n z>> 1 �' lagz Z< 'y�,� K z 0 � q B — 1 \ 1 I ' �• VI a 1 uw o Z i Q }. \ f_ 1 V, 1 � 1' 1 f 1 1 f 370 w yz- E w F W�a `, a ui rn ui IL a x N 0 0 own w z w V x Z--+.mow!i 05 10 LL v n 3� a Y u d w F m r n a f- N d3 V w o w w a m z z w 0 ¢ w °. m 8 a 8 ¢I N w 1 4 Z 1 �Q� vw 0 awoo a \ \ Al 1 a 1 LU LA IT- a \,3 a 4' ' rl O � 1 '1 f " 1 1 wz 1 O 1 o� N< 1 an 1 Z'SJ 33S-3NII H:)1tlW 371 ui fn 0Ir 1 LU (0 Ir 0 ui UJ( d. CL 00 a) to Z- on �77�, - - - - - - - - - - - LU 0 z 00 II LU tA, z> <0 Z Iz 2< 0 00 15.7 "Y rA xl ti 77 L - - - - - - - - - - 372 w UJ w IL cr) LU (3) tLo Z— ts 0 z 4 W. ui 13S SIHI 30 lllVd ION 13SVHd — —— —— — — ----------------------- C z z<C, << z D 0 0 a>U= z-N 2 ry -\to A, 373 w 0= W= m w IL LU Lr) N UD fu z- —c�) Cl _ I :� ■fix- +n £923jS-3NIl H:).LVW7777 1. .. 1 . Nw 1 004 V w O y �s >N 0>vz, 1 W ti W n 1 W J 1 sjJ s z _ m 'Imo_ � "`^�.,,ti• � �, �,, r h i _< l _ r 1 � 1 1■ 1 �J 1 1 1 1 1 374 w 0 UJ IL w CL -j LU LO a) to z o z> do<Z < D > zo '70, �9 \CIII, fA Is- U. 0 AL ——--————————- ———————————————— Z9:)33S-3NII H:)IVVY 375 RE ui LU UJ ui CL (14 Lr) o -�A Pi -717 O.W pi 3 < 0 LD No Z> u 376 ui (1) 06 IZT 0 UJ IL ui CL —i th LU UZ ca W4 u 6 .Ht ----------- ------------- ON Ln F- • T—i --------------------- • LU T Vs LL < z I s us < C4 A cw t A5 V) ,2 aHE 94 HI ----F Qn 2 10 W4 377 w 00 0 UJ IL w CL 6 LU b.0 I P. o W4 44 378 a o 3waLLI CL Ol w ¢ ¢ 4— rys w h p Lt1 Ln ----- (3) C6 — — — — — — — — — r — — — — — — — — — 1 I uj � gPY Y 1 s W 1 3 t M 'E `ate M � � �s L — — — — — — — — — — — — - - - - - - - - � 379 & oLij s g 3ma €LL o U Ln " 135^y1HLd0l21t1drCp(d m a, a 1= 1 9SVHd °` �� .:' z ..eel a 07 1 Nf a� f W 1 x;9 wV Z. 4 � m 1 1 m Q5 5 � 5 Q a -�ci .. '� g' t 1 � w \ z� r . r H G a 380 � m Lu LLI sm r IL Lij e o U ry s r, w v— & 0 IL 3 O Ln to ca O_ £'41,33S- THDIM 6� z -.ft t o ti s w< i 1 m e„ ro 1 c � 2s 4.a� 1 w ` w 1 1. 1 1 LU 1 1 r 1 a/4 1 1 1 r 1 381 W j IL a a = r Wes_ €LL v m u r «^ € a. fL' - z - 00 ul ca I I I I I I I I I I I 1 u} I « p ; • `. ok I jr � +•.'� �`"�{bps ' d� Z Dt D x in I r.0 LL = LL ,r 0. ' I � I � I ,y Ifl 211,335- NIl.H:)1tlW 382 F-LU °W wtti¢ g rn iL 3 i a O ov ym � 3 — m r t c 383 ➢€ 4 'fig w O - o ¢ g 3ma CL � a d O i- cUn Ol n y z p CL an Ei zi a� haw v° =6wmaV, $LLou z�mW� ozzo�N w ��o s c" w wGawNam 2a u3 m Ee z- z ° r \ _ ad N tj w - - o cc 4 i Sr c — � aanDao aoi� U 3 m C. �G�� p� 13538 o1 H�tnW 30 d01 s= °°G q mG° 03 384 93� 4 g Lij 3 a €LL o 0 01 O wr r „h iL = O `tt by CL Uj � b • a f , t ! a fir a e h „ g Y E i a 5 a z w u w y � a r t � wr Y o x p i P � r s a a e� 03 R ~ 4k ex —v k .r. z 385 CO w Lu uj 23 CL Tt ui t a �� =w, N to RS d fl Q m cm G c m 2 2 nc------------------------ , U a C� = o N6 � � a LZ `o a a� o o. _ <W o zm� o Z F Y _c 0 v a y 0 O 3 m� i� LL Nub 386 o s € N x W A z z �a W d W a _ > d' 0 a: � C�7 N � m w CL c0 Z CL � a nn E�23o� Ln o�o A��A V s 11 X n f e �4 LJJ \ s# _ 1 a 387 cm F' 0 e w ; R w Lu z F wx � o } # UJI w �Qa ° d o o IL w O SO-111 33S 3N11 H:)IVW x a g w n� o v ---- —————— x� o. s LL�eza MP ug =i Na„ w�sw�> tM y cc �mw a�z W I J �1 1 �a r m I� I g — ® I J 388 . ;a«xas! . . . . . . . . . . . =zs»Je! _ . . . . . . . . . . . ( © x § 0ui y§ J»< « m ;k CL - . Ln : } \ . ai33 3NJIH:)i¥q— { i.36 _ . . . .yw\� ` � ,77 sac 'MH / L< . LU LLI \ y . . ) I /\ < © : ° � - u _ . . . a . 389 h o P B z z r uj g3k= Lij 3 w u or ° m �. a o � t.71 u � 3• to to z tto d €a m •: oa o spa �w IR J:. a 5� to � o 7 a ,ama W / - r '+. w W n . W r✓ _ ' $ C rho _ °n z s � r w z� •\ ', $¢o ~y d s a x 1 133S 3Nn H:)ltlW 390 z UJLij S 83 r 0 uiLU u a Or m 01 s CL Q o c n t0 z clo d €9 m •� oa o Mn spa -_wss sow �w =a° O OG W LU N W V H e 3r 9�oq< o� u � � z Gf o w n ��WOFe ap s o a o� e w � ti s. ZO-11133S 3NIl :)litW 391 £g Hm a ` J Lij m O� O ui I-d o a ' s �o d 0'd o- .. w _ u 00 LO a) tto �g &coc ��w ova z LL� wgss 8� 000 O_dos O P. g =w o ;EGw 00 Be s = v s wQ a.mxs�aas naa sv u.am z as43 wow C w� -v�9 a ¢ ° o' Z § 5C m a� w� c g }. <sz v j Z 1 1 5 in < w i 4 O W w z b < L e m Z o.e Q x a N g � a w c w a a I 0000 OOO ea Be OS(( o — OOOV 000 ° W 2� e G o s s qg� o m a = Z p� H� ` ¢ - w 5W i J � � - xn�,w�n.o-. 53 hr o<1w= a; 8w s Ns mom - �oa��aooaoo6�o0�Ica �e ors;.....°s°°=-....��°° �-' ov a 6Q4 r g y , w �S mm_�mwm�mp�� m�5���5� - w 3 ......m�r. y N = w ar °w 5 A �wg w �,°�._ _ H -- - - ° m° w ww E 4 ° � 4 ffi p o you °d mom W "- mp 44°4 4`�4444444444444 44 �ass�o6�666666 ssa Haw &� mgr< M zy os`^ia3� oo� x O r 4 3 QH. m_g.-n_ynmynmyna$na$_mms° �z�a, z��� <�$< w _ 3 3 w *� w s=°� ex°w oa 5'�8°< sac, _ s & as3 a°a °a N� U mmmmmdm�mmmmmmmmmmmmmmmmm° w a &w`- W a e+¢ o 0 m a 3 o ® of -0, ❑ I > W. a�g «„6 0=to - �4 6 ova . a 32 =q o =LL nHU - V oLL o� ' q -M - �a s s � o � Qo e osjao W`5zw g sWw _ w <w _w o3Q¢ N N m°Qs � a o' aw o sg - - wig: - =�G w =� - H om63c w € o0s ° o w 4 nod w s •a, _ - mw sw - - effi3 - 5 -O6 _ N, c is ° Q -wQ w moo w g _o G o �s �a m oomao oo,s_ ° LL N 3rma C 6 0 w -,z z Oaz zap oo off° zo _ LLa =o ���, - _ ��g �os�� -_ �wsug�wa�e3�.2=„ =� 4°gw w� 69m z7a go �� - _ _ w3tio35�Q�LLE�� -0 3w `�¢O- 5° - - > - - - - M. w asp, gm . _ �a� a�a os�s wwsasss�5A. 392 d. S 83 a Lij 3: su O ui a z m N UO nz d �a h� a a �o 0 LD a 2 g w 5a 8S � N �a * go z s g3Hs a z g g0 s� a� a� o she s 8 s € H H ° � ....a o _ > � i a W � a sue` I I� fs = a ,o � a w o W. n� �e 3 o <o a O w a a o � w r nmm - - = VMJ- b «h» w e ww u w a v e ti"� �r tir � w � as� z m CL occ X LU LIL-T, Y�aw P 3 NS�o Ht N3 WNuvry 3atltlOMol3H wnwlNiw.Zt -v 393 zui a a F J �S cc W d �Lij LL a V O 4`s5, a ¢ _ ffi Ol O h to o_ s_ a Rom, E Q ^ r� ^ �'4 t � i 394 ? z z "a ¢ F v) e N w - LLI W cc W4 +a a. y - x dD 1 � o " � c @ c; N � l R q a � S � m j G J W N g z s z e s w o w a � 0 0 ) N m I; N + W F 1 f � N'+ +� R R R+ 'm � of n +R w +N n ' R n w n x ro A j J (S) R r R R R m ^ R m q q m R,�. n a N,., e ry o _.R• m }o S a+m ,ei •N +N ,.d ,a +a ,m .� +m +�+ •N +r +N .� I 1 R m 0 rW n rN +m w N N a e o ° R o K « +ry o e N xN ,d +n to +n to <t m a R R n v � R o a R w ` Q > 3 1 N a S Qo w s 395 ±\ \ / LLI §)_ ( \ ) )UJ \ \ ( | ( # �LLI @ y / \ _ 2 ; --- - /\ -a-e a--�: , . . . «. : �. . r > § \ . . . . - � . ! \ « _ ! \! \w &2\ \ -- \\\\ « -«<�- m\ - - - - - - - - # A 396 LU �0uj,= a Qa m < swa he ux w w `3a a�a W w a a - y". s s W� wE w6 M 1. 5Fi CL N { §«tNin � fff a �t s � § �gW � � Wn v „ . z s H _ yzy�� x n " Jw 4 TM1 M1^ a LU j- a a �s --Eggs- 2-9 s _a„ d i� M w K� s� ��,; o'-e"sm�< mo mBHs s �`000��s aJ "w "gym>�®aLL =�oH " o g ca s-H y � g � m� ohs§ m P§ g� 8„s� so <s des os�� pN � q`�ww .as _ �=„ s� g�W <m -&w�LLBaW 397 EXHIBIT B Department of Labor Wage Determination Page 74 of 94 398 "General Decision Number : FL20250022 02/21/2025 Superseded General Decision Number: FL20240022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (1) . JIf the contract is entered I . Executive Order 14026 1 linto on or after January 30, l generally applies to thel 12022, or the contract is l contract . Irenewed or extended (e .g. , an 1 . The contractor must pay loption is exercised) on or l all covered workers at lafter January 30, 2022 : l least $17 . 75 per hour (or I I the applicable wage rate ) I listed on this wage I I determination, if it is I I higher) for all hours I I spent performing on the I I contract in 2025 . JIf the contract was awarded onl . Executive Order 13658 lor between January 1, 2015 andl generally applies to thel JJanuary 29, 2022, and the l contract . I Page 75 of 94 399 Icontract is not renewed or IThe contractor must pay alll lextended on or after January I covered workers at leastl 130, 2022 : 1 $13 . 30 per hour (or the I I ) applicable wage rate listedl I Ion this wage determination, ) I I if it is higher) for alll I Ihours spent performing on I I I that contract in 2025 . 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at http: //www.dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/03/2025 1 01/24/2025 2 02/21/2025 ELEC0349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 40 . 24 14 . 94 ----------------------------------------------------------- ENG10487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90 Page 76 of 94 400 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes . . . . . . . . . . . . . . . . . $ 40 . 40 14 . 90 Cranes 130-300 Ton . . . . . . . . . . $ 39 . 38 14 . 90 Cranes 76 ton to 129 Ton . . . . $ 37 . 57 14 . 90 ----------------------------------------------------------- IRON0272-004 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 28 . 84 15 . 72 ----------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ----------------------------------------------------------- SFFL0821-001 01/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 34 . 03 23 . 70 ----------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68 ----------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 Page 77 of 94 401 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- ----------------------------------------------------------- Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17 . 75) or 13658 ($13 . 30) . Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or Page 78 of 94 402 subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https : //www. dol . gov/agencies/whd/government-contracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (iii) ) . ----------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type (s) of construction and geographic area covered by the wage determination . The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate . Page 79 of 94 403 Union Rate Identifiers A four-letter identifier beginning with characters other than ""SU"". ""UAVG" ", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2024 . PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate . Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 1000 of the data reported for the classifications reflected union rates . EXAMPLE : UAVG-OH-0010 01/01/2024 . UAVG indicates that the rate is a weighted union average rate . OH indicates the State of Ohio . The next number, 0010 in the example, is an internal number used in producing the wage determination . The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate . A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers Page 80 of 94 404 The ""SU"" identifier indicates that either a single non- union rate prevailed (as defined in 29 CFR 1 . 2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SUFL2022-007 6/27/2024 . SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification . FL indicates the State of Florida . 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier . ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1 . 6 (c) (1) . State Adopted Rate Identifiers The " "SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C . F.R 1 . 3 (g) - (h) . Example : SAME2023-007 01/03/2024 . SA reflects that the rates are state adopted. ME refers to the State of Maine . 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- Page 81 of 94 405 WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be : a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys . Requests can be submitted via email to davisbaconinfo@dol . gov or by mail to : Branch of Wage Surveys Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations . Requests can be submitted via email to BCWD-Office@dol . gov or by mail to : Branch of Construction Wage Determinations Wage and Hour Division U . S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7 ) . Requests for review and Page 82 of 94 406 reconsideration can be submitted via email to dba . reconsideration@dol .gov or by mail to : Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 . ----------------------------------------------------------- ----------------------------------------------------------- END OF GENERAL DECISION" Page 83 of 94 407 EXHIBIT C County Forms Page 84 of 94 408 � � SECTION 00120 � N AFFIDAVIT | Christian Brisson of the ci Little Torch Key according tV law onnly oath, and under penalty of perjury, depose and say that: 1. am President of the firm of' Pedro Falcon the proposer making the Proposal for the project described in the notice for calling for proposals for: RovVe||'s Waterfront Park Development Phase 11 11 OS-2O23 and that I executed the said proposal with full authority to do so; Z The prices in this proposal have been arrived at independently without oVUuminn, onnmu|tation, oonnnounioabon, or agreement for the purpose of restricting conmpediUon, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise required by |avv, the prices which have been quoted in this pvopnom| 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, partnenship. or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The are true and Co[re(t, and made with full December 13 2023 (Signature oiProposer) (Oota) STATE OF- FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of Wp_'hysical presence or[I online n 7 ot ization, on (date) by known to me or has produced e of entification) as Mad Andruzd I Notary Public-State of Florida Page O5of94 409 � � � � � LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 h0ONROE 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. 010-1890 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 discreUon, deduct from the contract or purchase prioa, or otherwise raomv*r, the full amount of any hae, uonnnnismion, pernentaQe, gift, or consideration paid to the former County officer Oremp|Vyee". []ate: Dmoemher13 2023 STATE OF: FLORIDA COUNTY OF: W1ON(}RE Subscribed and sworn to (or affirmed) before me, by means of P-physical presence or 11 online MOt@rbc8t|on. OM (date) by (name ofoffianU. 16/She is personally Mad AndnXI, Expires-February 28,2027 NOTARY Notary public-State of Florida known to me or has produced (t pe of ident' ation) as Page 86of94 410 � 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 e statement notifying employees that the unlawful manufanture, dimthbution, disponsing, possesmion, 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' }nfnnno employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free wmrkp|ace, any available drug counsa|ing, nshabi|itetion, and employee assistance progroma, and the penalties that maybe imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual aen/ioeo that are under proposal o 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 no|ouontendere to, any violation of Chapter 8Q3 (Florida Statutes) orofany controlled substance |m* 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 amanoLion on, nr require the satisfactory participation in adrug abuse assistance or rehabilitation program if such is available in the employee's communi1y, or any employee who is so convicted. S. Makes a good faith effort to continue to maintain a drug-free workplace through implementation mf this section. As the person authorized to sign the statement, | certifythe above requirements, Proposer's Signature Decennber13 2028 Date STATE OF, FLORIDA COUNTY OF- M{)NR{]E Subscribed and sworn to (or affirmed) before by means of��� i | presence or O online &tarization, onl,12,- O�(date)by 0,�4�L (name of affiant), `/She is personally Ijn9A0.jo_9m2!eor has produced ype of identification) as identification. Mad Andruzz! Expires:February 28,2027 k,4MIj,Z,�w,� Notary Public-State of Flodida Page D7u[94 411 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- December 13, 2023 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of n/physical presence or 0 online notarization, on x . (date) by a (I J� (name of affiant)G/She is personally known�� me or has produced (type of entification) as identification. Mad Andruz� T C HH 367485 orrim.: NOTARY P LIC Expires:February 28.2027 ""1111(9EAUtf Public-State of FIDdda My commission expires: Lel Page 88 of 94 412 � VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS PnojectDeeurpdnn(m) RUVVell's Waterfront Park Development [»h 11 11-09-2023 � Respondent Vendor Name: Pedro | VendorFE|N 59-2550231 Vendor's Authorized RepreaentadiveNameendTNe: Christian Brisson, as President Address: 31160 Avenue C Cdy� Big Pine Key State: Florida Zip: 33043 Phone Number EmeUAddreaa: Section 287.185. Florida Statutes prohibits 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 |enao| Uot, created pursuant to Section 215.4725. Florida Stotuteo, or is engaged in a Boycott of Israel. Section 287.135. Florida GtsduUes, 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 orSyria. As the person authorized to sign on behalf ofRespondent, | 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 Uet. 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 Stcdu1ee, the submission of false certification may subject company to civil pena|bea, attomey'efees, and/or costs. | further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott 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 |nsn Petroleum Energy Sector List or been engaged in business operations in Cuba orSyria. Certified By: Christian BrissoD who is authorized to sign on behalf of the above referFpe ompany Authorized Signature: Print Name: Title: as Prg�idgnj_of Pedro Falcon Contractors, Ing. Note: The List are available ed the following Department ofManagement Services Site: ended discriminatory comglaints vendor lists Page 89of94 413 � � � APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING � (To be submitted with each bid or offer exceeding $1OO.DOO) � Certification for Contracts, Grants, LO8nS. and Cooperative Agreements The undersigned certifies, tO the best Vf his or her knowledge and belief, that: 1- No Federal appropriated funds have been paid Or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer of 0rnpkmee of an agency. o Member OfCongress, an officer or employee of Congress, or an employee of Member of Congress in connection with the awarding of any Federal contnaot, the making of any Federal grant, the making of any Federal |oon, the entering | into of any cooperative agreement, end the extension, continuation, nen�xx�| | ' ' ' amendment, or modification of any Federal contract, grant, |oan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, on officer or employee of Congress, or on employee of PWernbHr of Congress in connection with this Federal contract, grant, |oan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LL[. "Disclosure Form io Report LObbying'" in accordance with its instructions. 3. The undersigned Shm|| require that the language of this certification be included in the award documents for all mubevxardaat all tiers (including eubcnntnaotS, subgran(a, and contracts under grants, |oans, and cooperative agreements) and that all oubnedpienta shall certify and disclose accordingly. This certification is a rno1eha/ representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a o|vU penalty of not less than $10'000 and not more than $100.000 for each such failure. The Contractor, Pedro Falcon Contractors, Inc- certifies or affirms the truthfulness and accuracy nfeach statement nf its certification and ` — disclosure, if any. In addition, the Contractor understands and mgnaeo that the provisions of31 U.S.C. Chop. 30, Administrative Remedies for False Claims and 5taternento, apply to this certification Signature of Contractor's Authorized Official Christian Brisson, as President Oeoember13 2023 Name and Title Of Contractor's Authorized Official Date Page 9Uuf94 414 DISCLOSLME OF LOBBYING ACTIR=,S L Typ*of FederalActiou: 2, Stam.of FederalActiou: 3. Report Type; Ha,contract a,bLiofferapplicadon a,innial b. 9=1 'b. nnriN7 award b. materialchmp, C. cocqM=e agreemlent C, pog-award d. 20M For Miaterial Change Ouly: a. 10M pareccee, Near quarr-21 E to insazance rt 4. NameoadAddressDfReparfingEntity, S. -If'Rtpm-fimg'Enfitvm No—4isStibawardee. ❑ -Enter Name andAddress of Prime,- prime F-1 Subawardaie Tier if kamm Cougressional District,if knosm Congremianal District,if knoiam 6L Federal Departme tat'Agency: Federal,Pr Nauw Tie sctipfion: CIDA Number,if app2icable Federal,Aclian Number,if known- 9_ Award Ammink if knoars: 11 a. Name azdAddress of Lobbv Entity b. Ian diaiduals Performing Senaces (mchiding (If individual,oast conse,Erst name, add3eis if dffaml fmca No,10a) (last came,first name,NO, (artach CorstanizationShees(s)if necesiazy) 11. Amowtof Payineat(clwk A 4hai appkv) 13. Tvi*of'Payment(check,aHibatapply), Elacma' 0 panned F-1 a, retainer ❑ b, ane-cime,fee 11 Form of Paymeht(check all dmt mpply)- C co lion F-1 a, cash d, coutineent fee ❑ b. in-kind, specif-: narue e deftn1e3 w ;ue f othff''Specdf® U BriefDescripbou of Services Performed Grtobe perionned andItote(s)of ice,isclieding offiver(s),emplov*s) or member(s)camtact-A for Payleent Indicated in Item,11: (attach Coisfinuatm Sheef's)if necessary) attac e 13. C ti No ontinuaon Sheq�) haC Yes El El 16. kfw=60U rKmnud ekoz#11a fxM n vatimizvt to 'rh1r,3!UIC Sarfim 1352,71"his diizbium cfio�k* "Sig-noncre: ZZLIWA UM pb'•"ty dL4 tw lbav4 whan hil'=SAVEm dry a. Print Nazne�: Finumit,to 3!U, C.1352, TM!iu�26oa wiU%% rqnnid to e5 G b.w,.-.1,k puf�lir.: actiffn. &EI t1a Ela tki�raquini Tire, div-1olum lhju bs---kjw-t FQMLry,afmat Lqu.1EMM SUr"ON amd=mcm din 11M'W;faT gazI Mch failwa. Tel No.: -Date: Authetrued for Local 3Uprodw-tion Federal Use Only: Stminrd Form-LIL 2-6c PART ZiCOUN7Y Page 91 of 94 415 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial tiling and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state, and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-00L" 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officers)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheets)is attached. 16. The certifying official shall sign and date the form,print his,`her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering,and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDIF» Page 92 of 94 416 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES ............ .......... Entity/Vendor Name: Pedro Falcon Contractors,Inc. Vendor FEIN: 59-2550231 Vendor's Authorized Representative.. Christian Brinson as President (Name and Title) Address. 31160 Ave 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 11 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: C d RZ 6TZ A k 1:5 5 i?A," who is authorized to sign on behalf of the above ref many- Authorized Signature: Print Name: CiJk/fZr M&� 6 Title: Page 93 of 94 417 rM,. �V Minority Owned Business Declaration Pedro Falcon Contractors, Inc. a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or V is not a minority business enterprise,as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession,Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$l million.For purposes of this subsection, the term"related immediate family group-means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. RS 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business.Administration 8(a)certification.As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288,703 for more information. Contractor Sub-Recipient: Monroe County Sit, ir ature Signature Print Name: Christian Brisson Printed Name: Title:as President Title: Address: 31160 Avenue C OMB Approved No. 1505-0271 City/State/ ip Big Pine Key, FL 33Q43 Date; December 13, 2023 Page 94 of 94 418 DATE(MM/DD/YYYY) AR" CERTIFICATE CERTIFICATE OF LIABILITY INSURANCEF10/30/2024 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 afo"o Ext: 407 647-1616 arc No: 407 628-1635 850 Concourse Parkway S Suite#105 E-MAIL s: mrush' 5bmbinc.com Maitland FL 32751 INSURER S AFFORDING COVERAGE NAIC# INSURER A:Amerisure Mutual Insurance Com an 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 D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1723143170 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 MM/DDIYYYY MMIDD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-3 1112/2024 11/212025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X PRO- POLICY ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA20929391002 1112/2024 11t2/2025 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 LIAR X OCCUR Y Y 00138713-2 11/212024 11f2/2025 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC20945261002 111212024 111212025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE N 1 A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) T E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ISM DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 Y L7A�Crl�� DATF 1.7.25 DESCRIPTION OF OPERATIONS 1 LOCATIONS t 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. The Monroe County Board of County Commissioners 1100 Simonton St., Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 419 AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACC)R" 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. Certificate Holder includes:The Monroe County Board of County Commissioners,its employees and officials ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 420 Policy#00 123482-3 Effective Dates: 11/2/2024-11/2/2025 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s)Of Covered OpeEations 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 An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization 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 @ ISO Properties, Inc., 2004 Page I of 1 0 421 Policy#00123482-3 Effective Dates: 11/2/2024-11/2/2025 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 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 insured 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 and included in the "products- completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page I of 1 0 422 Policy#00 123482-3 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/2/2024-11/2/2025 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page I of 1 [3 423 Policy#00 123482-3 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 1 424 Poicy#CA2UQ2Q3Q1OO2 Effective Dates: 11/2/2024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA ADVANTAGE ����|�������U�U AUTOMOBILE �� �o��A� ������������� ����m�owvw��u���x��m� ���� o �.m�m����mm_�� ��v�~�v��� FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect bocoverage prmvidedbythis endorsement,the provisions mf the Coverage Form apply unless modified by the endorsement. The premium for this endorsement|s Ai 1. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS -CANCELLATION, Paragraph A.2.is replaced by the following: 2' We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at|eos1- a- 1O days before the effective date of cancellation ifwe cancel for nonpayment mf premium;or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECT|ONUU-LNABIL|TY COVERAGE A.1.WHO US/\N INSURED ie amended bythe addition of the following: d. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However. (1) Coverage under this provision io afforded only until the end nfthe policy period-, (2) Cnvenngedmaanotapp|yho°eucidents"or^|ose^thet000umsdbefoneyouooquinadorfonnedthe organization;and (3) Coverage does not apply to an organization that is an"insured" under anyother policy or would be 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 affaim� or (2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member nf the^emp|oyee`m"household. f. Your members, if you are a limited liability company,while using a covered"auto"you do not own,hire,or borrow,while performing duties related to the conduct of your business or your personal affairs. 0. Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as|s afforded under this policy,but only with respect to your covered"autos". This provision does not apply: U\ Unless the written contractor agreement is executed or the permit is issued prior to the"bodily injury" nr"property damage^; Includes copyrighted material of Insurance Services Office, Inc. CA 71710500 Page 1 of 6 425 (2) To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of^mu\oa~unless: (a) The lease agreement requires you to provide direct primary insurance for the lessor; N The^ouk/ ks leased without a driver;and (m) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered ^autos"you hire. h' 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 apply to"bodily injury"or"property damage"for which an"insured" is also an insured under any other automobile policy or would bemn 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 in excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION ||-LIABILITY COVERAGE,&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 of an^accident~wecover. VVedn not have hm furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $5OOu day because oftime off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION UU~LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.FELLOW EMPLOYEE|m 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|oyoe's''emp|oymentorwhi|eperfonningdudespe|atedho(heconductoyyourbuoinmas.Hmwemer.thia exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use ofa covered^outo^you own,hire orborrow. Coverage ie excess over any other collectible insurance. 5' HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following imadded: 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 cf doing your work. VVe will provide coverage equal 10 the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,oron any endorsements amending this schedule. B. Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss mfUse Expenses ia deleted and replaced with the following: b- Loss OfUse 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 e written rental contractor agreement. VVe will pay for loss of use expenses if caused by: (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered~aukm"; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage|s provided for any covered^aw\o^;or Includes copyrighted material of Insurance Services Office, Inc. Page 2mf6 CA71710508 426 (3) CoUi�on.on��the Deu�raUonmind�atethat Co|��nCoverage iopnov�ed for any covered �uto". However,the most we will pay for any expenses for loss of use ks$3U per day,toa maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5'b'Other Insurance|s deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own: 1' Any covered^auto^you lease,hire, rent orborrow;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 a limited liability rompmny).or members of their households. 6' LOAN OR LEASE GAP COVERAGE Unde/SECTUKJNUUU-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added- If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the event ofa covered total''|osm^.any unpaid amount due on the lease or loan for o covered^aukz^.less: (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 resulting from overdue payments ai the time of the^|oaa^; (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 orlease; (4) Security deposits not refunded byalessor;and <5\ Carry-over balances from previous loans mrleases. 7' RENTAL REIMBURSEMENT SECTION III-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 uf covered''|osm^ VVe will pay only for those covered^autms^for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. VVe will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered"auto"is returned to use orvve pay for its^|oms^ This coverage imimaddihonto the o�emvimeapplicable coverage you have ona noverod^omto'' No deductibles apply ho this coverage. (b) This coverage does not apply while there|s a spare or reserve"auto''available 0m you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 717185 08 Page 3 of 6 427 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2.DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph a.is deleted and replaced by the following: a. You must see to it thatwe are notified as soon as practicable of an"accident",claim,"Suit"or"loss". Knowledge of an"accident",claim,"suit"or"loss"by your"employees"shall not,in itself, constitute knowledge to you unless one of your partners,executive officers, directors,managers,or members(if you are a limited liability company)has knowledge of the"accident",claim,"suit"or"loss". Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident',or"loss"to impair them. However, if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 428 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto": Limit of Insurance Deductible $1,000 $250 A. Coverage 1. We will pay,with respect to a covered"auto"described in the above Schedule,for"loss"to any electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction ofsound. This coverage applies only if the equipment ispermanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from a housing unit that is permanently installed in the covered"auto"at the time of"loss",and such equipment is designed hobe solely operated by use of the power from the''uuto'o''electrical system,inor upon the covered"auto". 2. VYe will pay,with respect toa covered^'auto^described in the above Schedule,for''|uea^1oany accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes,records mrdiscs. 13. Exclusions For purposes of this provision 14,the exclusions that applyto Physical Damage Coverage,except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply bo coverage provided byth|s endorsement. |n 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' Neoesaoryforthenonna|opmnahonofthacovered^auhz^or1hemoni&oringcf0hecovered''auio`a^ operating system;or 2. Both: o. An 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 ofaradio. 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 equipment,whether permanently installed or temporarily mounted inoron the covered^auio" C. Limit ofInsurance With respect to coverage under provision 14. of this endorsement,the Limit of Insurance provision of Physical Damage Coverage is replaced by the following: 1. The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment,as described in paragraph A.above, as a result of any one"accident",is 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 or replacing the damaged or stolen property with other property of like kind and quality;or C. The amount shown |n the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 717185 08 Page 5 of 6 429 2. An adjustment for depreciation and physical condition will be made in determining actual cash value ed the time mf the^loss^ 3- If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1' |f''|oom^k/the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A.above, is the result of a"loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"our obligation to pay for, repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does nutopp|y0o~|oss^toawdio.visum|mrdetae|ec1ronicequipmentcaueedbyfineor|ightning. 2- If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment,as described in paragraph A.above, is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes of Loss Coverage,then for each covered"auto"our obligation to pay for, repair,return or replace damaged or stolen property will be reduced bythe applicable deductible shown in the Schedule of this endorsement. 3. |f''|oae~occurs eo|e|ytothe audio,visual or data electronic equipment or accessories used with this 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 in the Schedule of this endorsement. 4' In the event that there is more than one applicable deductible,onlythe highest deductible will apply. |nno event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE,is void |fCA&0 60,Audio,Visual And Data Electronic Equipment Coverage,is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6mf6 CA71710508 430 Poicy#OO13B713'2 Effective Dates: 11/2/2024'11/2/3025 �������Q�U ������ LIABILITY POLICY ��n�'omonmn�~n`���ox�«�~ �~��~��~���� 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|ONU—EXCESS LIABILITY INSURANCE INSURING AGREEMENT: N&mvvi|| paythosesumoinexceoauftheschedu|ed ~undedy|nQinsurance(a)^thatyoubecome legally obligated to pay as damages because of injury or property damage to which this insurance applies, provided that the damages would be covered by the scheduled"underlying insurance(s)", or would apply but for the exhaustion of the applicable Limits ofInsurance. This policy shall follow the terms, definitions, conditions and exclusions of the scheduled "underlying |nmumamce(a)^. 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 inauranoa(m)~conflict with any provisions ofthis pu|icy, the provisions ofthis policy will apply. This policy will not in any event provide broader coverage than those provided by the scheduled ^underlying insuoamce(s)". The amount we will pay for damages shall not exceed the Limits of Insurance shown in the 0mz|eodioos. SECTION UA—LIMITS OF INSURANCE Regard|oosofthenumberof(1) |nsunedsunderth|npo||cy. (2) peruonmororgun|zat|onsvvho 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 |n the Declarations as Each Occurrence is the most wewill pay for damages because of bodily injury, property damage, personal and advertising injury arising out of 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. }(CO002US 06-07 Page 1 of 431 4. The Limits of Insurance cf this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless this policy is extended after issuance for an 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 ho participate in the investigation, defense and settlement of claims or suits against you seeking damages because of injury to which this insurance may apply. VVa will have a duty to defend such claims or suits when the applicable limits of insurance in the schedule of"underlying insurance(s)"has been exhausted by payments of judgments, settlements and any costs or expenses subject 10 such limit. We may, o1 our discretion, investigate and settle any claims orsuits. Subject\othe above provisions, costs incurred by you shall bm paid asfollows: 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 inmuronce(a)^. no costs will be payable by the Company. n) 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 limits of insurance of those po|ioy(ies). then any such payments wemake 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 ufthgauhedu|ed ''under|ying |naunance(a)^wemaye|oottomakeauuhanappea|. |fweaoe|ect. we shall 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 inthe Declarations are exhausted, o/if claims orsuits brought against you are excluded from coverage under this policy. SECT|ONKV—EXCLUSAONS In addition to the exclusions included in the scheduled"underlying insurance(s)", any endorsed exclusions, or listed herein will also apply to the Limits of Insurance and coverages available under this policy. If there are conflicts in the exclusions of the scheduled"underlying insumance(s)^withanyofihmexdumioneofihimpo|icy, ihmexdueioneofthispo|icywi||opp|y. }(CO002US06-07 Page 2of5 432 1) Uni msuredMotorists—this policy does not apply to: Any liability, loss and/or damage, expense, costs, or defense arising out of any: a) Uninsured orUndehnmunad Motorist law; or b) No Fault Law or similar act ur law;or o) Any automobile accident reparation law. SECTION\/—DEFINITIONS 1. "Underlying |nmunence(o)^—means- The pu||oyorpo||deaorma|f|nsurance||absd |ntheSchadu|eofUndar|y|ng |nouronoeforminga 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(ies)being renewed mrreplaced. a) Policies purchased or issued for newly acquired or newly formed organizations shall not be more restrictive than any ofthe policies included in the Schedule of Underlying Insurance. b) The limits of the policies included in the Schedule of Underlying Insurance shall be deemed Uobe applicable regardless of |. Any defense which the underlying insurer may assert; nr ||. The imsured'm failure to comply with any condition ofany such policy; or |||. The insolvency of the underlying insurer. SECTION\f|—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 mf Underlying |nausanoe(m): You will maintain the"underlying insuranoe(u)~in full force and effect during the term of this policy, and to inform us within 30 days of any replacement or material change to that "underlying inmuneooe(a)^ by the same or any other company. If you do not maintain the"underlying insurance(s)"in full force and effect or fail to meet all conditions,terms and warranties of such"underlying insurance(s)",this policy will apply aa |f those policies were available and collectible. The aggregate limits of the"underlying insurance(s)"shall be unimpaired at the effective date of 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 o/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 as if the terms, conditions and limits of the original scheduled"underlying insurance(s)" were still available and collectible,except insofar as this policy has been endorsed in writing 0m reflect such changes in the"underlying inmumance/m\^ }(CO002US06-07 Page 3of5 433 Your failure to comply with the foregoing shall not invalidate this policy, but in the event of such failure,we shall be liable under this policy only to the extent that we would have been liable if you had complied. For the purposes of this policy, if any"underlying insurance(s)" is not available or collectible because of: a. The bankruptcy or insolvency of the underlying insurer(s) providing such "Underlying insumance(s)''; or b. The inability or failure for any other reason of such underlying insurer(s)to comply with any of the obligations mf its policy; then this policy shall apply(and amounts payable hereunder shall be determined)as if such"underlying |nmunonoe(a)^weny available and collectible. No statement contained in this condition limits our right to cancel or not renew this policy. 2) Other|msmmmnce: This insurance is excess over any other valid and collectible insurance whether primary, excess, contingent,or any other basis, except any other insurance written specifically to ba excess over this policy. 3) Duties im the Event mfan Occurrence, Claim, orSuit: You must see to it that we are notified as soon as practicable of an occurrence that may result ina claim for damages or suit under this policy, To the extent possible, notice should include: o) How,when and where the occurrence took place; b) The names, addresses of any injured persons and any witnesses; 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 us copies of any demands, notice$, summonses, or legal papers received |n 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 ur organization that may be liable tu you because uf injury ur 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 ofYour 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 to the first Named }(CO002US06-07 Page 4of5 434 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 5 435 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 recoverour payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from ua.) 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 ia not applicable in California, Kentuoky, New Harnpshine, New Jersey, Texas and Utah." The endorsement does not apply to policies or exposure in Missouri where the employer is in the construction group of classifications./\onord|nQ to Section 207.150(6)of the Missouri sbatub*o, a contractual provision purporting towaive 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 bm included |nthe Schedule: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver ofsubrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group ofclassifications aa designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it ia attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement|sissued subsequent &o preparation of the po|ioy.) Endorsement Effective 11t2/2O24 Policy No. VVC2UQ452G1OO2 Endorsement No.O Insured Pedro Falcon Electrical Contractors Inc. Premium$ Insurance Company/\merisune Mutual Insurance Company Counieraignedby WC 00 0313 Hart Forms uServices (Ed. 4-84) Copyright 1oao National Council on Compensation Insurance. Reorder No.14-4888 436 Policy#WC20945261002 Effective Dates: 11/2/2024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 60 For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or 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. Material change reducing or restricting coverage;and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 437 710/30/2024 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: 1 7231 431 70 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 , ' (I DESCRIPTION OF OPERATIONS below ') wI w.,, E.L.DISEASE-POLICY LIMIT $1,000,000 1 7 25WAW .... .µ—.�-. ,.. 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. The Monroe County Board of County Commissioners 1100 Simonton St., Suite 2-213 AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 438 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. Certificate Holder includes:The Monroe County Board of County Commissioners, its employees and officials ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 439 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 1 of 1 El 440 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 El 441 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 13 442 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 1 443 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 1of6 444 (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 445 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 446 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 447 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 448 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 449 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 450 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 451 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 452 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 453 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 5 454 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 (Ed. 4-84) Copyright 1nV3mutna| �ounom on Compensation |muonoo� *a*p�m�«^p~«= � 455 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 07 456