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HomeMy WebLinkAbout3/11/2026 Agreement DATE: March 11, 2026 TO: Breanne Erickson, Contract/Budget Administrator Project Management FROM: Brynn Morey, Deputy Clerk SUBJECT: March 11, 2026 BOCC Meeting The following item has been executed and added to the record: S2 Approval of an Agreement with D.L. Porter Constructors, Incorporated in the amount of $1,345,000.00 for the Lester Building Interior Renovations Project. This project is funded by the infrastructure sales tax (Fund 304). 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 EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS JOTSQPMJDZ!FGGQPMJDZ!FYQ UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 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XPSLFST!DPNQFOTBUJPO TUBUVUFFS BOE!FNQMPZFST(!MJBCJMJUZ Z!0!O BOZQ!SPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% O!0!B PGGJDFS0NFNCFS!FYDMVEFE@ )Nboebupsz!jo!OI* F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx EFTDSJQUJPO!PG!PQFSBUJPOT!0!MPDBUJPOT!0!WFIJDMFT!!)BDPSE!212-!Beejujpobm!Sfnbslt!Tdifevmf-!nbz!cf!buubdife!jg!npsf!tqbdf!jt!sfrvjsfe* DFSUJGJDBUF!IPMEFSDBODFMMBUJPO TIPVME!BOZ!PG!UIF!BCPWF!EFTDSJCFE!QPMJDJFT!CF!DBODFMMFE!CFGPSF UIF!FYQJSBUJPO!EBUF!UIFSFPG-!OPUJDF!XJMM!CF!EFMJWFSFE!JO BDDPSEBODF!XJUI!UIF!QPMJDZ!QSPWJTJPOT/ BVUIPSJ\[FE!SFQSFTFOUBUJWF ª!2:99.3126!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ BDPSE!36!)3127014*Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE BHFODZ!DVTUPNFS!JE; MPD!$; Qbhf!!!!!!!!!!!pg BEEJUJPOBM!SFNBSLT!TDIFEVMF BHFODZOBNFE!JOTVSFE QPMJDZ!OVNCFS DBSSJFSOBJD!DPEF FGGFDUJWF!EBUF; BEEJUJPOBM!SFNBSLT UIJT!BEEJUJPOBM!SFNBSLT!GPSN!JT!B!TDIFEVMF!UP!BDPSE!GPSN- GPSN!OVNCFS;GPSN!UJUMF; BDPSE!212!)3119012*ª!3119!BDPSE!DPSQPSBUJPO/!!Bmm!sjhiut!sftfswfe/ Uif!BDPSE!obnf!boe!mphp!bsf!sfhjtufsfe!nbslt!pg!BDPSE D L Porter Constructors, Inc. MP0082001011153 D L Porter Constructors, Inc. IM20593641802 COMMERCIAL EXCESS LIABILITY CX 00 01 04 13 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. When we have no duty to defend, we will have Read the entire policy carefully to determine rights, the right to defend, or to participate in the duties and what is and is not covered. defense of, the insured against any other suit seeking damages for "injury or damage". Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, However, we will have no duty to defend the and any other person or organization qualifying as a insured against any suit seeking damages for Named Insured under this policy. The words "we", which insurance under this policy does not "us" and "our" refer to the company providing this apply. insurance. The word "insured" means any person or At our discretion, we may investigate any organization qualifying as such under the "controlling "event" that may involve this insurance and underlying insurance". settle any resultant claim or suit, for which we Other words and phrases that appear in quotation have the duty to defend. marks in this Coverage Part have special meaning. But: Refer to Section IV – Definitions. Other words and (1)The amount we will pay for "ultimate net phrases that are not defined under this Coverage Part loss" is limited as described in Section II – but defined in the "controlling underlying insurance" Limits Of Insurance; and will have the meaning described in the policy of "controlling underlying insurance". (2)Our right and duty to defend ends when we have used up the applicable limit of The insurance provided under this Coverage Part will insurance in the payment of judgments or follow the same provisions, exclusions and limitations settlements under this Coverage Part. that are contained in the applicable "controlling However, if the policy of "controlling underlying insurance", unless otherwise directed by underlying insurance" specifies that limits this insurance. To the extent such provisions differ or are reduced by defense expenses, our right conflict, the provisions of this Coverage Part will andduty to defend ends when we have apply. However, the coverage provided under this used up the applicable limit of insurance in Coverage Part will not be broader than that provided the payment of defense expenses, by the applicable "controlling underlying insurance". judgments or settlements under this There may be more than one "controlling underlying Coverage Part. insurance" listed in the Declarations and provisions in b.This insurance applies to "injury or damage" those policies conflict, and which are not superseded that is subject to an applicable "retained limit". by the provisions of this Coverage Part. In such a If any other limit, such as, a sublimit, is case, the provisions, exclusions and limitations of the specified in the "controlling underlying "controlling underlying insurance" applicable to the insurance", this insurance does not apply to particular "event" for which a claim is made or suit is "injury or damage" arising out of that exposure brought will apply. unless that limit is specified in the Declarations SECTION I – COVERAGES under the Schedule of "controlling underlying 1.Insuring Agreement insurance". a.We will pay on behalf of the insured the c.If the "controlling underlying insurance" "ultimate net loss" in excess of the "retained requires, for a particular claim, that the "injury limit" because of "injury or damage" to which or damage" occur during its policy period in insurance provided under this Coverage Part order for that coverage to apply, then this applies.insurance will only apply to that "injury or damage" if it occurs during the policy period of We will have the right and duty to defend the this Coverage Part. If the "controlling insured against any suit seeking damages for underlying insurance" requires that the "event" such "injury or damage" when the applicable causing the particular "injury or damage" takes limits of "controlling underlying insurance" have place during its policy period in order for that been exhausted in accordance with the coverage to apply, then this insurance will provisions of such "controlling underlying apply to the claim only if the "event" causing insurance". that "injury or damage" takes place during the policy period of this Coverage Part. CX 00 01 04 13© Insurance Services Office, Inc., 2012 Page 1 of 5 d.Any additional insured under any policy of (b)Claim or suit by or on behalf of a "controlling underlying insurance" will governmental authority for damages automatically be an additional insured under because of testing for, monitoring, this insurance. If coverage provided to the cleaning up, removing, containing, additional insured is required by a contract or treating, detoxifying or neutralizing, or in agreement, the most we will pay on behalf of any way responding to, or assessing the the additional insured is the amount of effects of, pollutants. insurance required by the contract, less any This exclusion does not apply to the extent that amounts payable by any "controlling underlying valid "controlling underlying insurance" for the insurance". pollution liability risks described above exists or Additional insured coverage provided by this would have existed but for the exhaustion of insurance will not be broader than coverage underlying limits for "injury or damage". provided by the "controlling underlying d.Workers' Compensation And Similar Laws insurance". Any obligation of the insured under a workers' 2.Exclusions compensation, disability benefits or The following exclusions, and any other exclusions unemployment compensation law or any added by endorsement, apply to this Coverage similar law. Part. In addition, the exclusions applicable to any SECTION II – LIMITS OF INSURANCE "controlling underlying insurance" apply to this 1.The Limits of Insurance shown in the Declarations, insurance unless superseded by the following andthe rules below fix the most wewill pay exclusions, or superseded by any other exclusions regardless of the number of: added by endorsement to this Coverage Part. a.Insureds; Insurance provided under this Coverage Part does not apply to: b.Claims made or suits brought, or number of vehicles involved; a.Medical Payments c.Persons or organizations making claims or Medical payments coverage or expenses that bringing suits; or are provided without regard to fault, whether or not provided by the applicable "controlling d.Limits available under any "controlling underlying insurance". underlying insurance". b.Auto 2.The Limits of Insurance of this Coverage Part will apply as follows: Any loss, cost or expense payable under or resulting from any of the following auto a.This insurance only applies in excess of the coverages: "retained limit". (1)First-party physical damage coverage; b.The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss", for all "injury (2)No-fault coverage; or damage" covered under this Coverage Part. (3)Personal injury protection or auto medical However, this Aggregate Limit only applies to payments coverage; or "injury or damage" that is subject to an (4)Uninsured or underinsured motorists aggregate limit of insurance under the coverage. "controlling underlying insurance". c.Pollution c.Subject to Paragraph 2.b. above, the Each (1)"Injury or damage" which would not have Occurrence Limit is the most we will pay for the occurred, in whole or in part, but for the sum of all "ultimate net loss" under this actual, alleged or threatened discharge, insurance because of all "injury or damage" dispersal, seepage, migration, release or arising out of any one "event". escape of pollutants at any time. d.If the Limits of Insurance of the "controlling (2)Any loss, cost or expense arising out of underlying insurance" are reduced by defense any: expenses by the terms of that policy, any payments for defense expenses we make will (a)Request, demand, order or statutory or reduce our applicable Limits of Insurance in the regulatory requirement that any insured same manner. or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or Page 2 of 5© Insurance Services Office, Inc., 2012 CX 00 01 04 13 3.If any "controlling underlying insurance" has a 3.Duties In The Event Of An Event, Claim Or Suit policy period that is different from the policy period a.You must see to it that we are notified as soon of this Coverage Part then, for the purposes of this aspracticable of an "event", regardless of the insurance, the "retained limit" will only be reduced amount, which may result in a claim under this or exhausted by payments made for "injury or insurance. To the extent possible, notice damage" covered under this insurance. should include: The Aggregate Limit of this Coverage Part applies (1)How, when and where the "event" took separately to each consecutive annual period of this place; Coverage Part and to any remaining period of this (2)The names and addresses of any injured Coverage Part of less than 12 months, starting with persons and witnesses; and the beginning of the policy period shown in the Declarations, unless the policy period is extended (3)The nature and location of any "injury or after issuance for an additional period of less than 12 damage" arising out of the "event". months. In that case, the additional period will be b.If a claim is made or suit is brought against any deemed part of the last preceding period for purposes insured, you must: of determining the Limits of Insurance. (1)Immediately record the specifics of the SECTION III – CONDITIONS claim or suit and the date received; and The following conditions apply. In addition, the (2)Notify us as soon as practicable. conditions applicable to any "controlling underlying You must see to it that we receive written insurance" are also applicable to the coverage notice of the claim or suit as soon as provided under this insurance unless superseded by practicable. the following conditions. c.You and any other insured involved must: 1.Appeals (1)Immediately send us copies of any If the "controlling underlying insurer" or insured demands, notices, summonses or legal elects not to appeal a judgment in excess of the papers received in connection with the amount of the "retained limit", we may do so at our claim or suit; own expense. We will also pay for taxable court costs, pre- and postjudgment interest and (2)Authorize us to obtain records and other disbursements associated with such appeal. In no information; event will this provision increase our liability (3)Cooperate with us in the investigation or beyond the applicable Limits of Insurance settlement of the claim or defense against described in Section II – Limits Of Insurance. the suit; and 2.Bankruptcy (4)Assist us, upon our request, in the a.Bankruptcy Of Insured enforcement of any right against any person or organization which may be liable Bankruptcy or insolvency of the insured or of to the insured because of "injury or the insured's estate will not relieve us of our damage" to which this insurance may also obligations under this Coverage Part. apply. b.Bankruptcy Of Controlling Underlying d.No insured will, except at that insured's own Insurer cost, voluntarily make a payment, assume any Bankruptcy or insolvency of the "controlling obligation, or incur any expense, other than for underlying insurer" will not relieve us of our first aid, without our consent. obligations under this Coverage Part. 4.First Named Insured Duties However, insurance provided under this Coverage The first Named Insured is the person or Part will not replace any "controlling underlying organization first named in the Declarations and is insurance" in the event of bankruptcy or responsible for the payment of all premiums. The insolvency of the "controlling underlying insurer". first Named Insured will act on behalf of all other The insurance provided under this Coverage Part Named Insureds for giving and receiving of notice will apply as if the "controlling underlying of cancellation or the receipt of any return insurance" were in full effect and recoverable. premium that may become payable. CX 00 01 04 13© Insurance Services Office, Inc., 2012 Page 3 of 5 At our request, the first Named Insured will furnish Such exhaustion or reduction is not a failure to us, as soon as practicable, with a complete copy maintain "controlling underlying insurance". Failure of any "controlling underlying insurance" and any to maintain "controlling underlying insurance" will subsequently issued endorsements or policies not invalidate insurance provided under this which may in any way affect the insurance Coverage Part, but insurance provided under this provided under this Coverage Part.Coverage Part will apply as if the "controlling underlying insurance" were in full effect. 5.Cancellation The first Named Insured must notify us in writing, a.The first Named Insured shown in the as soon as practicable, if any "controlling Declarations may cancel this policy by mailing underlying insurance" is cancelled, not renewed, or delivering to us advance written notice of replaced or otherwise terminated, or if the limits or cancellation. scope of coverage of any "controlling underlying b.We may cancel this policy by mailing or insurance" is changed. delivering to the first Named Insured written 8.Other Insurance notice of cancellation at least: a.This insurance is excess over, and shall not (1)10 days before the effective date of contribute with any of the other insurance, cancellation if we cancel for nonpayment of whether primary, excess, contingent or on any premium; or other basis. This condition will not apply to (2)30 days before the effective date of insurance specifically written as excess over cancellation if we cancel for any other this Coverage Part. reason. When this insurance is excess, if no other c.We will mail or deliver our notice to the first insurer defends, we may undertake to do so, Named Insured's last mailing address known to but we will be entitled to the insured's rights us. against all those other insurers. d.Notice of cancellation will state the effective b.When this insurance is excess over other date of cancellation. The policy period will end insurance, we will pay only our share of the on that date. "ultimate net loss" that exceeds the sum of: e.If this policy is cancelled, we will send the first (1)The total amount that all such other Named Insured any premium refund due. If we insurance would pay for the loss in the cancel, the refund will be pro rata. If the first absenceof the insurance provided under Named Insured cancels, the refund may be this Coverage Part; and less than pro rata. The cancellation will be (2)The total of all deductible and self-insured effective even if we have not made or offered a amounts under all that other insurance. refund. 9.Premium Audit f.If notice ismailed, proof of mailing will be sufficient proof of notice.a.We will compute all premiums for this Coverage Part in accordance with our rules 6.Changes and rates. This Coverage Part contains all the agreements b.If this policy is auditable, the premium shown in between you and us concerning the insurance this Coverage Part as advance premium is a afforded. The first Named Insured is authorized by deposit premium only. At the close of each all other insureds to make changes in the terms of audit period, we will compute the earned this Coverage Part with our consent. This premium for thatperiod and send notice to the Coverage Part's terms can be amended or waived first Named Insured. The due date for audit only by endorsement. premium is the date shown as the due date on 7.Maintenance Of/Changes To Controlling the bill. If the sum of the advance and audit Underlying Insurance premiums paid for the policy period is greater than the earned premium, we will return the Any "controlling underlying insurance" must be excess to the first Named Insured. maintained in full effect without reduction of coverage or limits except for the reduction of c.The first Named Insured must keep records of aggregate limits in accordance with the provisions the information we need for premium of such "controlling underlying insurance" that computation, and send us copies at such times results from "injury or damage" to which this aswe may request. insurance applies. Page 4 of 5© Insurance Services Office, Inc., 2012 CX 00 01 04 13 10.Loss Payable We will cooperate in the transfer of control of defense to any insurer specifically written as Liability under this Coverage Part does not apply excess over this Coverage Part of any to a given claim unless and until: outstanding claims or suits seeking damages a.The insured or insured's "controlling underlying to which this insurance applies and which insurer" has become obligated to pay the would have been covered by the "controlling "retained limit"; and underlying insurance" had the applicable limit not been exhausted. b.The obligation of the insured to pay the "ultimate net loss" in excess of the "retained In the event that there is no insurance written limit" has been determined by a final settlement asexcess over this Coverage Part, we will or judgment or written agreement among the cooperate in the transfer of control to the insured, claimant, "controlling underlying insured and its designated representative. insurer" (or a representative of one or more of 13.When We Do Not Renew these) and us. If we decide not to renew this Coverage Part, we 11.Legal Action Against Us will mail or deliver to the first Named Insured No person or organization has a right under this shown in the Declarations written notice of the Coverage Part: nonrenewal not less than 30 days before the expiration date. a.To join us as a party or otherwise bring us into a suit asking for damages from an insured; or If notice is mailed, proof of mailing will be sufficient proof of notice. b.To sue us on this Coverage Part unless all of its terms have been fully complied with. SECTION IV – DEFINITIONS A person or organization may sue us to recover on The definitions applicable to any "controlling an agreed settlement or on a final judgment underlying insurance" also apply to this insurance. In against an insured; but we will not be liable for addition, the following definitions apply. damages that are not payable under the terms of 1."Controlling underlying insurance" means any this Coverage Part or that are in excess of the policyof insurance or self-insurance listed in the applicable limit of insurance. An agreed settlement Declarations under the Schedule of "controlling means a settlement and release of liability signed underlying insurance". by us, the insured, "controlling underlying insurer" and the claimant or the claimant's legal 2."Controlling underlying insurer" means any insurer representative.who provides any policy of insurance listed in the Declarations under the Schedule of "controlling 12.Transfer Of Defense underlying insurance". a.Defense Transferred To Us 3."Event" means an occurrence, offense, accident, When the limits of "controlling underlying act, or other event, to which the applicable insurance" have been exhausted, in "controlling underlying insurance" applies. accordance with the provisions of "controlling 4."Injury or damage" means any injury or damage, underlying insurance", we may elect to have covered in the applicable "controlling underlying the defense transferred to us. We will insurance" arising from an "event". cooperate in the transfer of control to us of any outstanding claims or suits seeking damages 5."Retained limit" means the available limits of to which this insurance applies and which "controlling underlying insurance" applicable to the would have been covered by the "controlling claim. underlying insurance" had the applicable limit 6."Ultimate net loss" means the total sum, after not been exhausted. reduction for recoveries, or salvages collectible, b.Defense Transferred By Us that the insured becomes legally obligated to pay as damages by reason of: When our limits of insurance have been exhausted our duty to provide a defense will a.Settlements, judgments, binding arbitration; or cease. b.Other binding alternate dispute resolution proceeding entered into with our consent. "Ultimate net loss" includes defense expenses if the "controlling underlying insurance" specifies that limits are reduced by defense expenses. CX 00 01 04 13© Insurance Services Office, Inc., 2012 Page 5 of 5 PALOMAR EXCESS AND SURPLUS INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND FORMING A ENDORSEMENT NAMED INSUREDAGENT NO. PART OF POLICY NUMBEREFFECTIVE DATE (12:01 AM STANDARD TIME) D L Porter Constructors, Inc.; D L Porter Construction, Inc. 3 PESXS017621 1/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY WORDING ENDORSEMENT - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE: Name of Additional Insured Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN WRITING IN A CONTRACT OR AGREEMENT. SECTIONIll - CONDITIONS, 8. Other Insurance is hereby deleted in its entirety and replaced with the following: 8. Other Insurance A.This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not applyto insurance specifically written as excess over this policy. B.When this insurance is excess over other insurance, we will pay only our share of the "ultimate net loss" that exceeds the sum of: a.The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and b.The total of all deductible and self-insured amounts under all that other insurance. However, it is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown in the Schedule above shall be primary insurance, but only as respects any claim or suit arising out of your work, and only if such claim or suit is determined to arise out of the cause in whole or in part by their operations. Any other insurance maintained by the Additional Insured, shall be excess and non-contributory as respects any such claims or suit. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Includes some copyrighted material of Insurance Services Office, Inc., with its permission. / 2/4/2025 AUTHORIZED REPRESENTATIVE / DATE PESIC–XS-0032-1120 1 of 1 PALOMAR EXCESS AND SURPLUS INSURANCE COMPANY ENDORSEMENT NO. ATTACHED TO AND FORMING A ENDORSEMENT NAMED INSUREDAGENT NO. PART OF POLICY NUMBEREFFECTIVE DATE (12:01 AM STANDARD TIME) D L Porter Constructors, Inc.; D L Porter Construction, Inc. 3 PESXS017621 1/1/2026 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of written contract to provide insurance such as is afforded by this policy, but only with respect to (1) “event” taking place after such written contract has been executed and (2) “event” resulting from work performed by you during the policy period, or “events” resulting from the conduct of your business during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Other Insurance Condition (SECTION III 8. Other Insurance) is amended by the addition of the following: 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 ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Includes some copyrighted material of Insurance Services Office, Inc., with its permission. / 2/4/2025 AUTHORIZED REPRESENTATIVE / DATE PESIC–XS-0086-1120 1 of 1 D L Porter Constructors, Inc. MP0082001011153 MP0082001011153 MP0082001011153 XPSLFSTDPNQFOTBUJPOBOEFNQMPZFSTMJBCJMJUZJOTVSBODFQPMJDZXD111424 )Fe/5.95* OBNFE!JOTVSFE; QPMJDZ!OVNCFS; WC20807451402 XBJWFS!PG!PVS!SJHIU!UP!SFDPWFS!GSPN!PUIFST!FOEPSTFNFOU! 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