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1st Amendment 09/10/2025
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 16, 2025 TO: Cary Vick, Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM: Liz Yongue, Deputy Clerk SUBJECT: September 10, 2025 BOCC Meeting The following item has been executed and added to the record: C4 1 st 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. 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 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 IN WITNESS WHEREOF, each party caused this First.Amendment to be executed by its duly authorized representative. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. • C, k4),,, ,, ,f,'. 77, ) ,k,,, 4 4,r ,a. y,ti +Y� ,�� '`may a� rd i;,..,,A,!, ,-0,,„niim,- , ' .- �.a.. iJ7 ,.. BOARD OF COUNTY' COMMISSIONERS y:..A+ Kew--:::"2:f.z., -3fi,','',>- , Madok,,d,,,,„Clerk OF MONROE COUNTY,:FLORIDA:. a , ,i , By: . : By Ai r .v As Deputy Clerk i fir Mayor/Chairman .: Date .•dam :. :.. MONROE COUNTY ATTORNEYS OFFICEAPPROVED AS TO FORM •. (''- .,( / ,( — CONTRACTOR: 4,, _-. .---.---!' PEDRO�FALCON ., �• ,,- TANT COMITY ATTORNEY' CONTRACTORS N ; .-:--- DATE:. 3-2025 Z. ..Signature.-• . ' .. � �� � • ,� •. .. . � ••_ . Print Name:Christian Brisson 7 ). Title: as President ',,irt7a 3. va Date. 08/20/2025 In '- ;' ,.- T : •', �', STATE OF L O/2l0 ,:COUNTY OF. inoNieec • On this 104A day of ACtie V&T" :', 202S;;"before me, the undersigned notary public,. by means of physical presence or = online, personally appeared Cf-ftZ iST1 atIs6A) , (name of affiant)known to 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 Public0Z AO.:.."V.,?-, :Brenna M Brockway ,:.1• %P: Comm.:NH. 663881 Print Name NNt :: �;. • � � ce Expires•.Apr.�28,�2029 •.......ill Notar y Public State of Florida • My commission:expires:*PfL 7.2, 2O2-. (Se1)"" P age 2 of 2. EXHIBIT A Page 3 of 27 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 27 710/30/2024 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 a//C"No Ext: (407)647-1616 a/c No:(407)628-1635 850 Concourse Parkway S (A AMAIL Suite#105 ADDRESS: mrushing@bmbinc.com Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Company 23396 INSURED PEDROFALCO INSURER B:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURERC: Big Pine Key FL 33043-4516 INSURER D7 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 AGENCY CUSTOMER ID: PEDROFALCO LOC#: ACOOR 0 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette& Britt of Florida, LLC Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C POLICY NUMBER Big Pine Key FL 33043-4516 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Liability to those parties listed in said contract, including the Certificate Holder. The General Liability certified herein are primary and non-contributory to other insurance available, but only to the extent required by written contract. 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 Policy#00123482-3 Effective Dates: 1112/2024-11/212025 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided uindler the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(s): Location(s) Of Covered Operations Where required by written contract or written agreement. All operations of the Named Insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is Ain Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, bust only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" '.property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended uise by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 (K) ISO Properties, Inc., 2004 Page 11 of 1 El Policy#00123482-3 Effective Dates: 11/2/2024-11/212025 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persoin(s) Location And Description Of Completed Opera- Or Organization(s): tions Where required by written contract or written agree- All operations of the Named Insured. ment, Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section 11 — Who, Is An Insured is amended to include as an additional insuiredl the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured andl included in the "products- completed operations hazard". CG 20 37 07 04 (K) ISO Properties, Inc., 2004 Page 11 of 1 ❑ Policy#00123482-3 COMMERCIAL GENERAL LIABILITY Effective Dates: 1112/2024-11/212025 CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement. information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 a Insurance Services Office, Inc., 2008 Page 11 of 1 Policy#00123482-3 Effective Dates: 11/2/2024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS Name Of Additional Insured Person(s) Or Organization(s): If no entry appears above, this endorsement applies to all Additional Insureds covered under this policy. Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and noncontributory basis, ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP5031 US 04-10 Page 1 of 1 Poicy#CA2OA2Q3Q1OO2 Effective Dates: 11/2/2O24-11/2/2O25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. FLORIDA ������������� " m���"������ �������u� m ������ ��������U�U AUTOMOBILE ����� ������ ����������� ����.�w"�"��m���"��m� ��w� . ��.�.��������� ��o������° FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. The premium for this endorsement he 1. EXTENDED CANCELLATION CONDITION C0&8K8<]N POLICY CONDITIONS -CANCELLAT|ON. Paragraph A.2.is replaced bythefm||owing: 2' We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: o. 10 days before the effective date of cancellation if we cancel for nonpayment of premium;or b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED SECTION 11-LIABILITY COVERAGE A.1.WHO 8SAN INSURED ia amended bythe addition uf the following: d. Any organization you newly acquire or form, other than a partnership,joint venture or limited liability company,and over which you maintain ownership or a majority interest,will qualify as a Named Insured. However, (1) Coverage under this provision is afforded only until the end of the policy period; /2\ Cuvenagudueonotapp|yto^aooidento^or^|wmo^thatmcuurredbeforeynoauquiradur0ormedthe organization;and /3\ Coveragedmoonotmpp|ytoanorganizationthatimmm^inounmd^ underanyutherpnBoyormmu|db*an "insured"but for its termination or the exhausting of its limit of insurance. e. Any^emp|oyee''of yours using: /1\ A covered"auto"you do not own,hire or borrow,or a covered"auto"not owned by the"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs; or /2\ An"auto"hired or rented under a contractor agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you ur from any member of the''emp|oyoe'o"household. f' Your members, if you are a||m|had liability company,while using a covered''mmto'^you du not own, h|re, or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to pruvideinmunancoeuohasiseKbrdedmnderthiepo|icy. buton|yvviihreapeottoyuuroovered''au(ms" This provision does not apply: /1\ Unless the written contract or agreement is executed or the permit is issued prior to the"bodily injury" ur"property domege~; Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 1ofG (2) To any person or organization included as an insured by an endorsement or in the Declarations; or /3\ To any lessor nf^autoa^unless: (a) The lease agreement requires you toprovide direct primary insurance for the lessor; /b> The^auk/ io leased without a driver;and (C) The lease had not expired. Leased"autos"covered under this provision will be considered covered"autos"you own and not covered ^autos"you hire. M. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not app|ytu^budi|yirjury''or^propertydamnuge~0orwhicham''inaured''ima|moun insured under any other automobile policy or would be an insured under such a policy, but for its termination or the exhaustion of its limits of insurance, unless such policy was written to apply specifically im excess of this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION 11- LIABILITY COVERAGE,A.2.a.Supplementary Payments, paragraphs(2)and (4)are deleted and replaced with the following: (2) Up to$2500 for the cost of bail bonds(including bonds for related traffic law violations)required because cfon~aooident''wecover. VVedo not have to furnish these bonds. (4) All reasonable expenses incurred by the"insured"at ouir request, inclu�ing actual loss of earnings up to $5OQo day because of time off from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSION SECTION 11-LIABILITY COVERAGE,B.EXCLUSIONS, paragraph,5. FELLOW EMPLOYEE is deleted and replaced by the following: "Bodily injury"to anyfellow"employee"of the"insured"arising out of and in the course of the fellow ^emp|nyee'e~emp|uymnentmrwhi|eperfmrmingdutienre|atadtothauonduutofyourbuninema. Hovvavar,thiw exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use ofa covered"muto"you own, hire orborrow. Coverage io excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS OF USE EXPENSE A. UnderSECT|ONKNU-PHYSUCAL DAMAGE COVERAGE,A.COVERAGE,the following�sadded: If any of your owned covered"autos"are covered for Physical Damage,we will provide Physical Damage coverage to"autos"that you or your"employees"hire or borrow, under your name or the"employee's" name,for the purpose of doing your work. VV*will provide coverage equal to the broadest physical dannag000varogaapp|ioab|etoamynovered''auto'`ohov*nintheOec|araUono. |temThnee. Sohedu|eof Covered Autos You Own, oron any endorsements amending this schedule. 13. UnderSECTUONN|N-PHYS|CAL DAMAGE COVERAGE,A.4.COVERAGE EXTENSIONS,paragraph b. Loss mf Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage,we will pay expenses for which an"insured"'becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contractor agreement. VVo will pay for loss of use expenses hf caused by: (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered^muk`''; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage io provided for any covered^auto'';or Includes copyrighted material of Insurance Services Office, Inc. Page 2pf6 CA 71710508 DU Coll i sion,on ly if the Declarations in�icate that Col lision Coverage�s provided for any covered ^aubo". However,the most we will payfov any expenses for loss of use is$3O per day,hoa maximum of $2,000. C. Under SECTION IV—BUSINESS AUTO CONDITIONS, paragraph 5.b.,Other Insurance�s deleted and replaced hy the following: b. For Hired Auto Physical Damage Coverage,the following are deemed tobo covered~aukm^you own: 1. Any covered^auto^you lease, hire, rent orbornow-,and 2. Any covered"auto"hired or rented by your"employee"under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However,any"'auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto", nor is any"auto"you hire from any of your"employees", partners(if you are a partnership), members(if you are o limited liability oompany).or members of their households. G. LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following iaadded: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,we will pay, in the evontofaoove,edto*e|''|000^. emyunpaidamountdueonthe |eaoeor|omnforeoowmrod''euto'^, |emo: /a\ The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges reaw|Ung from overdue payments ai the time of the^|oss^� (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health,Accident or Disability Insurance purchased with the loan urlease; (4) Security deposits not refunded bya|esaor� and (5) Carry-over balances from previous loans orleases. 7. RENTAL REIMBURSEMENT SECTION 111-PHYSICAL DAMAGE COVERAGE,A.COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4' Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because of covered''|oos" We will pay only for those covered^au8oe^for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. VVo will pay fortronmportsdionexpenmea|ncurredduringiheper|odboginm|mA24hmursakerihecoven*d^|oos^ endonding, regmnd|0000fthepn|ioy'oexpiration.w/hon1heouwmred''muto''iwntunmedtouaenrwe poyfor its"|cmn" This coverage hsinaddibomto the othemviseapplicable coverage you have omo covered"auto". No deductibles apply tu this coverage. (b) This coverage does not apply while there is a spare or reserve"auto"available to you for your operation. Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 3pf6 8. AIRBAGCOVERAGE SECTION III~PHYSICAL DAMAGE, B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss" caused by or resuilting from any of the following unless caused by other"loss"that is covered�bythhoinsurance: a. Wear and tear, freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge ofonairbag. b. Blowouts,punctures or other road damage totires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies ba glass damage. 10' COLLISION COVERAGE—WAIVER OFDEDUCTIBLE SECT|ONUNU-PHYSUCALDAMAGE COVERAGE,0.DEDUCTIBLE hm amended Uo add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "louu^was caused byo collision with another^outo~insured byus. 11' KNOWLEDGE OFACCIDENT SECTION NV-BUSINESS AUTO CONDITIONS,A.LOSS CONDITIONS,2. DUTIES|N THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph e.io deleted and replaced by the following: m' YoumuetaeetoitthoiweerenoUfiedaaauunmsprautioab|ecfan''mccidant'^,dmimn.^euit''or^|osa^' Knowledge ofmn^aooid*nC',claim, ''ouit''or^|000''by your^omnp|oyeeo~shall not,im itself, constitute knowledge tn you unless one cf yourpohmema. exeoutiveoffioeny, dineobora.mamagers,nrmembers(|Tynu are a limited liability company)has knowledge of the^uuuidonC'.claim,^muit^o,^|ouu" Notice should include: N\ How,when and where the"a:cdant"or^louo occurred; CQ The"inmured�"name and address; and (3) To the extent possible, the names and addresses cf any injured persons and witnesses. 12- TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV~BUSINESS AUTO CONDITIONS A-5.TFUANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US io deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred Uous. That person or organization must doeverything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. Howevar,iftha insured has waived rights to recover through a written contract,or if youir work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECT|ONNV-BUS|NESSAUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD im amended by the addition,of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing asof the inception date of this policy. You must report tome any knowledge ofan error or omission imyour representations mo soon as practicable after its d�isouvery. This provision does not affect our right tmcollect additional premium or exercise our right of cancellation ormon+enewo|. Includes copyrighted material of Insurance Services Office, Inc. Page 4pf6 CA 71710508 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description of Covered "Auto,: Limit mfInsurance Deductible $250 A. Coverage 1. VVewi||pay.withnmopeotomuowor*d''auto~deooribedimth*abovoSohedm|o.h»r''|000~toany electronic equipment that receives or transmits audio,visual or data signals and that is not designed solely for the reproduction cfsound. This coverage applies only if the equipment�mpermanently inata||ed |niheoovere6''auto''attheUmeofthe''|oma^ ortheequipnnaniieremowabhafrmmahouaimg unitthutiapermanemt|yinobaUedimtheoovered~auom~atthodmoof^|ono''.andmuohoquipmentia designed&obe solely operated by use ofthe power from the^auto'u''electrical system,inor upon the covered"auto". 2. VYevvi||poy.withnoopecl0000vened^outo^deeoribedim1heabovoSchedm|e.for''|ooe~1oany accessories used with the electronic equipment described in paragraph A.1.above. However,this does not include tapes, records ordiscs. B. Exclusions For purposes of this provision 14,the exclusions that apply to Physical Damage Coverage,except for the exclusion relating to Audio,Visual and Data Electronic Equipment,also apply lo coverage provided by this endorsement. Un addition,the following exclusions apply: We will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: 1. Naoamamryfurthenurma|opanatiunufthecoverad^outo''orlhemonitorinQcftheoovarad''auto's" operating system;or 2. Both: a. Am integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto";and b. Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation oforadio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equiipment,whether permanently installed ur temporarily mounted inoron the covered^aubo' C. Limit ofInsurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage iareplaced by the following: 1. Themmoatvvevvi||payfura|U''|owe''toaudio^vimua|ordabaa|eotnonicaquipmen(andanymccemaohae used with this equipment, ao described in paragraph A.above, asa result nf any one^aooident', |s the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss"; or b. The cost of repairing orreplacing the damaged or stolen property with other property of like kind and quality;or C. The amount shown 1m the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA 71710508 Page 5pf6 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time cf the^|pmn^ 3. |fa repair or replacement results im better than like kind orquality,we will not pay for the amount of betterment. D. Deductible 1. |f''|oas'io the audio, visual ordata electronic equipment or accessories used with this equipment, as deouhb*dimpanagnaphA.above^ ietben*eu|tofa"|oee~totheowvened"aubo' underthisCovermge Furm'o Comprehensive or Collision Coverage,then for each covered^auto''our obligation tu pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown im the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does nn1app|yto^|nsn~tnaudin.visua|mrdatam|ertrnninwquipmnntcaunedbyfin*or|ightminB. 2. If"loss" to the audio, visual or data electronic equipment or accessories used with this equipment,as deomhbadinpanagnaphA.ebova^ iatbenasu|twfa''|ons~tuthe*zvmred'`emtu^undarthinCovemoge Form'aSpecifiedCauoeocfLowoCoweraAe.thenhoreachoowered''muto~owrob|igadontopmyKzr, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown im the Schedule cfNnendorsement. 3. If"loss" occurs solely to the audio,visual or data electronic equipment or accessories used with fts equipment, as described in paragraph A.above,then for each covered"auto"our obligation to pay for, repair, return or replace damaged or stolen propertywill be reduced bythe applicable deductible shown im the Schedule cfftvendorsement. 4. In the event that there is more than one applicable deductible,only the highest deductible will apply. Unno event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE, iavoid ifCA00 60,Audio,Visual And Data Electronic Equipment Coverage, is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page 6pf6 CA 71710508 Puicy#UO138713-2 Effective Dates: 11/2/2024-11/2/2025 ����������N�U ������ LIABILITY POLICY ����n�nnmm�~n`���m»~xu~ �~�e���~���� PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy and any underlying insurance(s)carefully to determine rights, duties and what is covered and not covered. Throughout this policy the words "you"and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under the"underlying insurance".The words "we" and "us" refer to the COMPANY shown in the DECLARATIONS. Other words and phrases that appear in quotation marks or bold print have special meanings. Refer to the Definitions—Section V. SECTION 0— EXCESS LIABILITY INSURANCE INSURING AGREEMENT: VVew/i|| peythoaesumsinaxmyamofthoaohedu|ed "undadyinginauranue(m)"thatyumbauome legally obligated to pay as damages because of injury or property damage to which this insurance epp|ian, providedthetthedamagemwou|dbecowaredbytheaohedu|ed "under|yinginmurenue(a)". or would apply but for the exhaustion of the applicable Limits of Insurance. This policy shall follow the terms, definitions, conditions and exclusions nf the scheduled "underlying insurance(s)", subject to the policy period, policy limits, premiums and all other terms, definitions, conditions and exclusions of this policy. If any provisions of the scheduled "underlying inounmnce(u)^oonOictwithonyproviaionamfthispo|ioy.thapnovioiqnmofthimpo|icyvxiUopp|y This policy will not in any event provide broader coverage than those provided by the scheduled ^underlying insurance(o)~ The amount we will pay for damages shall not exceed the Limits of Insurance shown in the Declarations. SECTION 1|—LIMITS OF INSURANCE Regardless of the number of(1) Insureds under this policy, (2) persons or organizations who sustain injury or damage or(3)claims made or suits brought,the Company's liability is limited as follows: 1. The Limits of Insurance under this policy apply only when the total applicable limits of the scheduled "underlying insurance(s)" have been exhausted by the payment of claims for damages. 2. The Limit of Insurance shown in the Declarations as Each Occurrence is the most we will pay for damages because of bodily injury, property�amage, personal and advertising injury arising out mf any one occurrence oroffense. 3. The Limit of Insurance shown in the Declarations as the Annual Aggregate is the most we will pay for all damages. XCQ002US88-07 Page 1of5 4. The Limits of Insurance of this policy apply separately to each consecutive annual period and ho any remaining period of less than 12montha, starting with the beginning ofthe policy period shown in the Qen|anations, unless this policy is extended after issuance for on additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding policy period for the purposes of determining the limit of insurance. SECTION III—DEFENSE, INVESTIGATION AND SETTLEMENT The Company will have the right and be given the opportunity to participate in the investigation, defense and settlement of claims or suits against you seeking damages because of injury to which this insurance may apply. VVe will have u duty to defend such claims or suits when the app|icab|e |imoitoofimaunmnueimthoauhodu|eof'`umdedyingimuunynoo(a)~haobeemexhaumted by payments of judgments, settlements and any costs or expenses subject to such limit. We may, at our discretion, investigate and settle any claims orsuits. Subject hn the above provisions, costs incurred by you shall be paid oafollows: a) All costs incurred by you without written consent of the Company shall be paid by you. b) If a claim or suit is settled within the limits of insurance of the scheduled "underlying inauranoo(m)~. no costs will be payable by the Company. u) When we assume the defense of any claim or suit against you that seeks damages covered by this policy, we will pay all costs to the extent that such payments are not covered elsewhere. d) If the scheduled "underlying insurance(s)" include defense costs and expenses within the lim,its of insurance of those policy(ies), then any such payments we make are included and will reduce the Limits of Insurance as shown in the Declarations. In the event you or the underlying insurer(s) elect not to appeal a judgment in excess of the limits of the scheduled "underlying insurance(s)"we may elect to make such an appeal. If we so elect, we ehe|| incur and pay, in addition to the applicable Limits of Insurance all costs or expenses we incur. The amount we will pay for damages shall not exceed the Limits of Insurance shown in the policy Declarations. We will have no duty to investigate,defend or settle claims or suits brought against you once the Limits of Insurance of this policy as shown in the Declarations are exhausted, or if claims or suits brought against you are excluded from coverage under this policy. SECTION Iu—EXCLUSIONS In ad�ition to the exclusions included in the scheduled "underlying insurance(s)", any endorsed exclusions, or listed herein will also apply io the Limits of Insurance and coverages available under this policy. If there are conflicts in the exclusions of the scheduled "underlying insurance(s)"with any of the exclusions of this policy, the exclusions of this policy will apply. >(C0002US88-07 Page 2of5 1) Un1naurmd8fndmMinsured �Motorists—this policy does not apply to: Any liability, loss and/or domagn. expense, costs, or defense arising out ofany: o) Uninsured nrUndehnsun*d Motorist law; or b) No Fault Law or similar act or law; or r) Any automobile accident reparation |ew. SECTION V—DEFUN|T|ONS f. "Underlying |nsunance(o)^—means: The policy orpolicies or self insurance listed in the Schedule ofUnderlying Insurance forming o part of this policy, any replacements or renewals thereof, provided that such replacement or renewal policy(ies) provide coverage equivalent to and afford limits of insurance equal to or greater than the po|iuy(iem) being renewed orreplaced. a) Policies purchased or issued for newly acquired or newly formed organizations shall not be more restrictive than any of the policies included in the Schedule of Underlying Insurance. b) The limits of the policies included in the Schedule of Underlying Insurance shall be deemed to be applicable regardless of |. Any defense which the underlying insurer may assert; or ||. The |naured'a failure ho comply with any condition of any such policy; or |||. The insolvency of the underlying insurer. SECTION V|—CONDITIONS If any conditions of the scheduled "underlying insurance(s)" conflict with any conditions of this policy, the conditions of this policy will apply. 1) Maintenance pf Underlying |neunanoe(e)� You will maintain the"underlying ineunonma(n)~in full force and effect during the term of this po|icy, and to inform us within 30 days ofany replacement ormaterial change bzthat ^underlying inounonue(o)^ by the same or any other company. If you do not maintain the"underlying inawnynoe(a)^in full fmnoo and effect orfail to meet all conditions,terms and warranties of such "underlying insurance(s)", this policy will apply aaif those policies were available and collectible. The aggregate limits of the"underlying insurance(s)"shall be unimpaired at the effective date nf this policy and,for the purpose of the insurance provided by this policy,only occurrences taking place during the term of this policy shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. If replacement policies provide coverage that is broader or limits of insurance that are less those indicated in the scheduled "underlying insurance(s)"then this policy will apply aaifthoierrma. 00nditionamnd |imiboofthomrigina| aohedu|ad ^mndar|yinginaurunoo(m)~ were still available and collectible,except insofar as this policy has been endorsed in writing io reflect such changes in the"underlying inmwnanne(s)^ >(C0002US88-07 Page 3of5 Your failure xn comply with the foregoing shall not invalidate this policy, but |n the event o0 such failure,we shall be liable under this policy only ho the extent that we would have been liable if you had complied. Forthepurposesofth|npoDoy. |fony~undedying |neuronce(o)" isnotavoUob|eor collectible because ot a. The bankruptcy or insolvency of the underlying insurer(s) providing such "underlying inauranoo(a)~; or b. The inability or failure for any other reason of such underlying insurer($)to comply with any of the obligations of its policy; then this policy shall apply (and amounts payable hereunder shall be determined) ae0 such"underlying inaunence(s)''were available and collectible. No statement contained in this condition limits our right to cancel or not renew this policy. 2) Other Insurance: This insurance is excess over any other valid and collectible insurance whether primary, excess, contingent,or any other baaia. exmyptanyotherinaunynoewridenap*oifiva||yto bo excess over this policy. 3) Duties Nnthe Event of an Occurrence, Claim, urSuit: You must see to it that we are notified as soon as practicable of an occurrence that may result ino claim for damages or suit under this policy. To the extent possible, notice should include: a) How, when and where the occurrence took p|ace� b) The names, addresses of any injured persons and any witneomoo� and o) The nature and location of any injury or damage arising out of the occurrence. If a claim is made,or suit is brought against you,which is reasonably likely to involve this policy,you must notify us in writing, Written notice should be mailed to the Company at the address shown on the Declarations page of this policy. You and any other"insured' must immediately send um copies of any demands, notices, summonses, or legal papers received in connection with the claim orsuit. In addition, you must authorize us to obtain records and other information, cooperate with us in the investigation, settlement and defense of the claim or suit and assist us upon our request, in the enforcement of any right against any person or organization that may be liable to you because of injury or damage to which this policy may apply. You, except at your own cost, will not voluntarily make payment, assume any obligation or incur any expense without our consent. 4) Transfer mfY'olur Rights and Duties Under this Policy: Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally incapacitated, bankrupt or insolvent, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. |n any event, Notice of Cancellation sent bo the first Named >(C0002US88-07 Page 4of5 Insured as shown in the Declarations, and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. XCO002US 06-07 Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not mmfomu* our right against the po/eun or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." The endorsement does not apply to policies or exposure in Missouri where the employer is in the construction grouip of classifications. According to Section 287.150(6) of the Missouri statutas, o contractual provision purporting Lmwaive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications. For policies or exposure in, Missouri, the following must be included in the Schedule: Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction, group ofclassifications as designated by the waiver of right 0o recover from others (aubrngotinn) rule in our manual. Thiio endorsement changes the policy to which it is attached and is effective nn the date issued unless otherwise stated. (The information below ho required only when this endorsement isissued subsequent tn preparation cf the po|ioy.) Endorsement Effective 11{2/2024 Policy No. VVC2OQ452G1OO2 Endorsement No.0 |»mumd Pedro Falcon Electrical Contractors Inc. pnemium$ Insurance Company Annerisurm Mutual Insurance Company Countersigned by WC 00 03 13 Hart porm «^p~«= (Ed. 4-84) Copyright 1nV3mutna| �ounom on Compensation |muonoo� � � Policy#WC20945261002 Effective Dates: 11/212024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY U'S Number of Days Notice 60 For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. Ilf this policy is cancelled by us we willl send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Naime of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b, Nonrenewal; or c. Materiiall change reducing or restricting coverage;and 4. Is on file at your agent or broker's office for this policy. Mailing Adldress The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 O5 07