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HomeMy WebLinkAboutItem W01 Liz Yongue From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov> Sent: Friday, June 5, 2026 4:02 PM To: MGT; Agenda Distribution Group; County-Attorney; County Commissioners and Aides Cc: Gomez-Krystal Subject: ADD-ON ITEM W1 06/10/2026 BOCC MEETING Attachments: AIS 32265.pdf, Agreement_PFC_Rowells Ph II_EXEC_7.17.pdf, CO #1_Rowells Ph II_PFC_signed.pdf, COI_PFC_exp. 11.2.pdf, First Amend to Agreement PFC_EXEC_ 9.10.pdf Good afternoon, Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda: "Approval of a Change Order#1 in the amount of$603,445.87 to the Agreement with Pedro Falcon Contractors, Inc. for the Rowell's Waterfront Park Redevelopment Phase II Reduced Scope project. This Change Order adds the purchase and installation of lighting equipment for a new multi-use field. This Change Order is 100% funded by a Community Development Block Grant(CDBG-CVgrant) administered by the Florida Department of Commerce (No County Match is required)." The Agenda Item Summary is attached. Once approved,this will be considered Add On Item W1. Thanllc rez%�, �,-,rrystaC crontez Executive Administrative Coordinator Monroe County Administrator's Office 1100 Simonton Street, Suite 2-205 Key West, FL 33040 Office: 305-292-4441 Cell: 305-850-8694 Notary Public �y ------_-rv_� PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE. 1 C�V Nr11�,Y �� ����� BOARD OF COUNTY COMMISSIONERS Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tem David Rice,District 4 Craig Cates,District 1 James K.Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: {{section.number}}{{item.number}} 26-32265 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: n/a STAFF CONTACT: William DeSantis AGENDA ITEM WORDING: Approval of a Change Order 41 in the amount of $603,445.87 to the Agreement with Pedro Falcon Contractors,Inc. for the Rowell's Waterfront Park Redevelopment Phase II Reduced Scope project. This Change Order adds the purchase and installation of lighting equipment for a new multi-use field. This Change Order is 100% funded by a Community Development Block Grant (CDBG-CV grant) administered by the Florida Department of Commerce (No County Match is required). ITEM BACKGROUND: On October 21, 2022, Monroe County received a grant agreement from Florida Department of Economic Opportunity (now called the Florida Department of Commerce) for the award of a Community Development Block Grant — Coronavirus (CDBG-CV) Grant in the amount of $2,956,533.59 with no County match and, on December 7, 2022, the BOCC approved the CDBG-CV Grant. Design of the Phase 11 park enhancements was completed in 2023 and a Request for Proposals for construction was issued,with bids due in December 2023.All of the bids received were over$1 million greater than the grant amount and County Staff worked with the lowest bidder, Pedro Falcon Contractors, Inc., to value engineer the project down to meet the grant funding amount. The Florida Department of Commerce gave the County approval to move forward with construction in August 2025 and a Notice to Proceed was issued to Pedro Falcon Contractors on 8/29/25. Due to the significant delays of the project, through no fault of the County or Contractor, in getting all the approvals from the Florida Department of Commerce over the past few years, County Staff submitted a request for additional time and additional funding to the Florida Department of Commerce for the Rowell's Waterfront Park Phase 11 project in December 2025. The Florida Department of Commerce agreed to the County's requests and a Grant Modification was approved by the BOCC at the May 20, 2026 meeting which increased the total grant amount from $2,956,533.59 to $5,036,533.59, and extended the grant expiration date from March 31, 2026, to December 31, 2026, in order to complete the project. This grant increase of over$2 million has allowed the County to add back in some of the original scope that had to be removed back in 2023/2024 when the original bids were received and the project was reduced to meet the original budget constraints. The work of this Change Order 41 was in the original design and RFP bid documents but was removed from the contract scope due to the limited budget. This Change Order 41 includes the purchase and installation of Musco lighting equipment for use at a new multi-use field. An additional 248 days are also being added to the contract in order to complete this work and also in anticipation of additional work that the County expects to add over the coming months due to the grant increase. The previous substantial completion date was February 25, 2026 and the new substantial completion date will be October 31,2026. This Change Order 41 is 20.7%of the original contract price and is 100% funded by the additional grant funds received from Florida Commerce. PREVIOUS RELEVANT BOCC ACTION: 2/17/21 —BOCC held Public Hearing for input on application for CDBG-CV grant funds to enhance Rowell's Park. 10/20/21 —BOCC approved a Language Access Plan for the CDBG-CV program in Monroe County. 12/07/22 - BOCC approved a CDBG-CV Grant in the amount of$2,956,534.00 for Rowell's Park Phase II. 12/7/22 - BOCC approved FDEO Subgrant 422CV--S03 a Community Development Block Grant- Coronavirus (CDBG-CV)Agreement for Rowell's Waterfront Park. April 2024 - Kevin Wilson approved CDBG-CV Modification 41 which extended the Agreement's expiration date to September 30, 2024. October 2024—Agreement with LandDesign, Inc. for design of Rowell's Phase II was approved by County 7/16/25 - BOCC approved an Agreement with Pedro Falcon Contractors for the Rowell's Park Phase H Redevelopment Reduced Scope project 7/16/25 —BOCC approved CDBG-CV Modification 42 which extended the Agreement's expiration date to March 31, 2026 and revised the Project Narrative. 9/10/25 —BOCC approved a I"Amendment to Agreement w/Pedro Falcon to add Supplemental Conditions language as requested by Florida Commerce 5/20/26—BOCC approved CDBG-CV Modification 43 which extended expiration date to December 31, 2026, and increased grant amount from $2,956,533.59 to $5,036,533.59. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Adds the purchase and installation of lighting equipment for a new multi-use field to scope of work. STAFF RECOMMENDATION: Approval of Change Order 41. DOCUMENTATION: FINANCIAL IMPACT: Original Agreement: $2,918,545.00 this Change Order 41: $603,445.87 Total Contract Sum: $3,521,990.87 Effective Date: 06/10/2026 Expiration Date: 10/31/2026 Total Dollar Value of Contract: $603,445.87 Total Cost to County: $0.00 Current Year Portion: $0.00 Budgeted: Yes Source of Funds: 125-22584 CPI: n/a Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: Yes County Match: No �yR CQUR" �R: Kevin Madok, CPA .* Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE. July 30, 2025 TO. Cary Vick, Director Project Management Breanne Erickson, Contract/Budget Administrator Project Management FROM. Liz Yongue, Deputy Clerk SUBJECT: July 16, 2025 BOCC Meeting The following item has been executed and added to the record: C22 Agreement with Pedro Falcon Contractors, Inc. in the amount of$2,918,545.00, for the Rowell's Waterfront Park Phase 11 Reduced Scope project contingent upon approval of the Florida Department of Commerce's issuance of the Authority to Use Grant Funds. This project is 100% funded by a Community Development Block Grant(CDBG-CV grant). Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Agreement Between =N �� � =� Owner ��0�00 ����0��raN��or Where the basis 0f payment/8@STIPULATED SUM AGREEMENT Made 8GVfthe 16mdmy of Julw2025 BETWEEN the Owner: Monroe County Board Of County Commissioners 5OO Whitehead Street Key West, Florida 33O4O And the Contractor: Pedro Falcon Contractors, Inc. 3118O Avenue C Big Pine Key, Florida 33O43 For the following Project: ROWELL'S WATERFRONT PARK REDEVELOPMENT PHASE DDREDUCED SCOPE Scope mfthe Work The Scope Of Work shall include, but not b8limited to, all work shown and listed in the Project DOCuDl8D[S and D[@vviDgS. The CODtrGCtO[ is required to provide G CODlp|8te job as cVDterDp|@U3d by the d[8vviDgS and specifications, which are @ part of this /\OR}en1eD[. The COD[r@Ck]r Sh@|| k][OiSh all labor, supervision, D1at8[i@|S, pOVVS[, tOO|S, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope Vf Work, unless otherwise specifically stated. Scope Of work shall include the following: 1. The Scope of Work and P|GDS and Specifications @SSOCi8ted with this project have been changed from the set attached to the Request for Proposals in accordance with Subchapter 3/D\(2)(b), K80DPOe County PurCh8iDg Policy. The revised R8DS and Specifications are attached to this Agreement 8s Exhibit A. 2. Monroe County Building Permit application iSiD process.The Contractor iSresponsible for the issuance 0f the permit and all associated fees. Page 1of94 3. This project is funded by federally funded Community Development Block Grant CARES (CDBG-CV) Grant. The Grant can be found at the hd|Vvving link: . The CODLr8CtOr D1USt CODlp|y with all grant requirements, including any documentation and reporting requirements. 4. This grant-funded project h8SGD88greSSiV8U0OS|iDS. l-h8pr '8Ct0USib8COnUp|Si8d within six (6) months Ofcommencement. 5. Construction of an asphalt parking lot per revised drawings attached as Exhibit A. 0. Furnish and install parking lot lighting per attached drawings. 7. Furnish and install asphalt parking lot and connection tO existing driveway per attached drawings. 8. Furnish and install pedestrian paths per attached drawings. 0. Provide and iDSiG|| site furnishings per attached drawings. 10. Furnish and install regulatory SigD@gS per attached drawings. 11. Git8 de0On|itiOO. LV include existing asphalt re0VV@|, is to be executed per attached dR]VViOQs. 12. Provide project K8@intSD8OCe of Traffic /yW[>T\ plan. 13. Furnish and install site electric per attached drawings. 14. Site grading and StO[0OVVGtH[ management are t0be executed per attached drawings. 15. Erosion prevention and sediment controls are to be executed per attached drawings. 16. Furnish and install landscaping per attached drawings. 17. The existing b@Lhr00[M building and parking |0t are to remain open to the public throughout construction unless it is deemed a hazard to public health and safety. The nHOU8iOde[ of the park Sh@|| [8Dl3iD Op8D to the public as 0OUCh as is feasible dU[iOQ construction. Extended partial park closures will require appropriate fencing tOensure public safety, and reasonable accommodations shall b8 made t0 guide vehicular traffic and pedestrians. Closure of the entire park shall require additional coordination to be submitted and approved by the C0UDtv at least 14 C8|eDd8[ days in advance. Submittals, including anticipated park C|osUn8 dates and detailed W1aiDƒeD8DCe of Traffic(MOT)Plan for pedestrian/vehicular movements within the park will be required. Page 2of94 The Contractor shall acquire all necessary permits, including the payment[J any fees, as G part of the bid. Contractor shall supply all of the needed 0GtSh@|S and h@[dvv8r8 to complete the project 8ndpn}pedvdispVseVfdebh8. ARTICLE I The Contract Documents The Contract Documents consist of this /\oreernenƒ. Conditions of the Contract (General, Supplementary, and other C0DdiUODS). Drawings, Specifications, Proposal Documents, Addenda issued prior to SXeCUUOD of this Agreement, together with the response to RFP and all required insurance dVCU00eDƒabVD, and Modifications issued after 8xecVUVO of this Aon3800eOL The Contract represents the entire and integrated 80n8Gm8nt between the parties hereto and SUp8rS8d8S prior negotiations, representations, OF Ggr8Snl8OtS' either written or OnG|. An eOU[OerGtiUO of the COOL[GCt 0UCUOOHOtS, other than K4OdifiCGtiOnS' appears in Article R. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents aS just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract DOcU0OeDtS to be the responsibility Of others, Or GS k}UOVVs: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in G Notice to Proceed issued by the OVVO8[. The Contractor Sh8|| achieve SUbSL@Dti8| {}Omnp|8UOn Of the entire VVOrh not |@18[ than One-Hundred Eightv (180) calendar days after the date of commencement Vrissuance Of @ Notice to Proceed. The time or times SUpU|8t8d in the CoDtn8[t for completion of the work of the COOLrGCt or of specified ph8S8S of the CODtr8Ci Sh8|| be the C8|eOd8r date Or dates listed in the milestone schedule. Liquidated d8m8Q8S will be based on the Substantial Completion Date for all vvVrk, modified by all approved extensions in time as Set forth by the Director Of Project yW8DGQH0OHOt'8 8igO8tUmS of approval OD the Certificate of Substantial CODlp|8ti0D. The liquidated damages table below shall be utilized tO determine the amount [fliquidated damages. FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER UDdSr$50,O0O.00 $50.00/D@y $100.00/D@y $250.00/D@y $50,000.00-99,999.00 100.00/DGy 200.00/Day 750.00/[)ay Page 3of94 $100,000.00-489'999.00 200.00/[}8y 500.00/Day 2,000.00/Day $50O'000.00 and Up 500.00/D@y 1'000.00/O@y 3,500.00/O@y The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused tn the extent that the delay or failure was caused directly by an event beyond such Padv's cOD[rV|' without such Padv'S fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been fOreGeen, was unavoidable: (G) acts Of God; (b) UOOd. MrG, earthquake, 8Xp|OSiOD, tFOpiC@| StOr0. hurricane O[ other declared 8DOerg8OCy in the geographic area Of the Pr ��Ct� (C)vv8r iDv8�iVD h��U|iU�S(vvh8�h8[vv�[iSd��|8[8dV[DVt\ terrorist threats Project; ` ' , ' ` '. Or GCtS. riot, Or other civil UD[8St in the geographic area Of the Project; (d) gOmerDDl8Oi order Or law in the geographic area Of the Project; /8\ @CtiOnS. 8mb8rgOeS. Vrb|OCk8deS in effect OD Or after the date of this Agreement; 0\ @[tiOO by any gOV8rODleD1G| authority prohibiting vvV[k in the geographic area Of the Project; (each, 8 "UDcVO[nO||8b|e CinCUDlSi8DCe"). Contractor's financial inability to perform, Ch@OgSS in C0Si or availability of materials, CO0Dp0DeDts. or services, market conditions, O[ supplier actions or contract disputes will not excuse performance by CDOtrGCtO[ under this Section. Contractor Sh@|| give County written notice within seven (7) days of any event O[ circumstance that is reasonably likely LO result in8D Uncontrollable Circumstance, and the anticipated duration Of such UDCODtnO||@b|H Ci[CU0OSt8OC8. CODtr8CtO[ Sh8|| use all diligent efforts to end the UDCOO[n3||Gb|e QrCU0St@DCe' eDSU[8 that the effects Of any Uncontrollable CinCUDlStaOCe are minimized and neSUDl8 fU|| pedbrDl8DCe under this Agreement. The County will not pay additional CVs[ GS @ [esU|ƒ of an UDcVD[[V||ab|e Circumstance. The Contractor may only seek @ddiUODG| time at DO COSt to the (}OUOiy as the [)VVDS['S Representative may determine. The Contractor may only seek 8 nO cost Change Order for such reasonable time 8S the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The Owner shall pay the Contractor in current funds for the CoDtn@CtOr`S performance Of the Contract the Contract Sum of Two Million, Nine Hundred Eighteen Thousand, Five Hundred Forty-Five and 00V100 Dollars ($2.910,545'00), subject to additions and deductions @S provided iO the Contract Documents. 4.2 The (|ODt[@ct GU0O is based UpOO the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: N/A Page 4of94 ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for Page 5 of 94 overhead and profit Sh8U be UoUr8d On the basis Of net increase, if any, with respect to that change. 5.0.2 Add that portion of the Contract 8U0 properly allocable to 0@teha|S and equipment delivered and suitably stored at the site for SUbS8qUeOL incorporation in the C000p|8t8d construction (O[, if approved in advance by the {lvvDer. suitably stored off the site at 8 location agreed upon iOVV[iUOg), less ret@iOGQe; 5.8.3 Subtract the aggregate of previous payments made by the Owner; and 5.0.4 Subtract GO0oVDts' if any, for which the OiR9{to[ of Project MGD8g800eDt has withheld or nullified @ Certificate for Payment @S provided iD Paragraph 0.5Of the General Conditions. 5.7 The pFVgnS8s payment amount determined in accordance with Paragraph 5.0 ShG|| be further modified under the following circumstances: 5.7.1 Add, UpOD 8UbSt8Dti8| CO0Op|8tiOD Of the VVOrk. G SUDl sufficient to iOCP82Se the total p@yO0eDkS to percent (95%) of the CVO[[8(t Sum, less such GD @O0OVDt equal to 150 percent /150%\ of the 8S[i0@t8d COSt to C00p|e[e the items in 8CC0nd8DCe with Subparagraph 9.8.2Vf the General Conditions aG the Owner recommends and determines for iDCOrDp|8te \8/O[k and UDS80ed C|8iDls' including the 8SSeGSDleD1 Of liquidated damages; and 5.7.2 Within 20 bUSiDeSS days after the |iSi of incomplete VVO[h is C[8Gt8d, the CJVVDH[ OOUSt pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the OVVDe[ |eSS an @0DOUDL equal to 150 percent (150%) of the HSti0O@t8d COSt to complete the incomplete Work (i.e., "punch" list items). ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance Of the Contract Sum, shall be made bythe Owner to the Contractor when (1) the CODtr8C[ has been fully performed by the Contractor and the work has been accepted by the [)VVD8r except for the Contractor's FeSp0OSibi|ib/ to C0rr8C1 nonconforming Work @8 provided iD Subparagraph 12.2.2Vf the General Conditions andƒVsatisfy other neqUiPe00eD1s' if any, which necessarily survive UDG| payment, and (2) 8 UD8| @pp[Ov@| for payment has been iSSU8d by the Director OfProject Kq@D88800eDt. Such final payment shall be 008d8 by the {lvvDe[ not more than twenty /20\ days after the iSSUaDc8 of the final 8pp[Vv@| for payment. The following dOCU0eDtS /S80p|8S in Section 01027 (Application for Payment) are required for Final Payment: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate 0f Substantial Completion (4) Contractor's Affidavit VfDebts and C|8iVlS (5) Contractor's Affidavit Of Release OfLiens (6) Final Release of Lien Page Gof94 (D Contractor shall providetwxl CQ hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on @ co00n1VD form (i.e. flash d[k/e) of all the h]||VvviDg. but not limited to: A. Project Record Documents (As Built Oqcuments\. B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying SCh8dU|8. E. Spare parts and maintenance materials. F. Electronic copies of approved SUb0OiK8|6. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility tVOOp8Di88\. H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department. ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to 8 provision of the General Conditions Or @D0Lh8r CODtF@Ci DOCUn08DL the reference refers to that provision as 8nO8Dded Or supplemented by other provisions Of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: AS described iD Section 0150U. Temporary Facilities, of the General Conditions. 7.4 ADOU@| Appropriation. K8ODr0e [|OUOty`s performance and Ob|iQ@UOO to pay under this CODt[@Ct is contingent UpOD an 8DDU@| appropriation by the Board Of COUDtv Commissioners. |n the event that the County funds Vn which this Agreement iGdependent are withdrawn, this Agreement iSterminated, and the COUD[y has DO further obligation under the 1e[nOS of this Agreement to the Contractor beyond that already incurred by the t8[0iD8tiVD date. 7.5 A pe[SOD or affiliate who has been placed OO the convicted vendor list fO||OVViOg G conviction for public entity crime may not submit a bid on a contract to provide any goods O[ services tO a public entity, may not submit @ bid, proposal, Vr reply On @ contract to Page 7of94 supply any goods Or services tn 8 public entity, may not submit a bid, prOpOS8i or reply on a contract with a public entity for the construction or repair of a public building or public vvV[k' may not submit bids VD leases of real property to public entity, may not be awarded or perform work as @ COD[r8[to[, supplier, subcontractor, or consultant under COOtr@Ct with any public entity, and may not transact bUSiDeSS with any public 8Oiitv in exC8SS Of the threshold amount provided in Section 287.O17, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the date of being placed on the convicted vendor list. 7.5 The following items are included in this contract: @} Maintenance OfRecords. Contractor shall 0@iDt@iO all books, F8cO[dS. and dOCU0eOtS di[8C[|y pertinent to p8rfOrDl@DCe UDd8[ this Aur8SD1eDt in @CCO[d@nCe with geDSn3||y accepted accounting principles consistently applied. FleCVrdS ShG|| be retained for 1) @ period Of five (5) years after all funds have been expended Or returned to the Department of the Treasury, VVhiCh8VSr is |Gt8[Or 2) @ period Of S8VSD (7) years from the terDliDG1iOD of this AoR}e0OGDt Or five (5) V88[S from the SUbDliSSiOD Of the final expenditure report as per 2 [|FR 8200.33. if @pp|iC2b|e. VYhiChSVSr is greater. Each party[othis Agreement or their authorized representatives shall have n9GsVnGb|e and Urn8|y 8CC8SG to such records of each other party to this Agreement for public records pU[pO8SS during the term Of the Agreement and for seven (7) years fO||OVYiDQ the t8[0DiOGUOD of this Agreement. If an @UdiiO[ 80p|OyHd by the [|OUOb/ or County Clerk dHt8[DliDHS that DlODiHS paid to CODLr@CtO[ pursuant to this Agreement were spent for pU[pOS8S not authorized by this AO[H80O8Dt' or were VVnDDQfU||y retained by the Contractor, the CODtr@Ct0[ ShG|| repay the OUODieS tOg8ih8[ with iDL8[eSt c8|CU|GL8d pU[SU@Di to S8CLiOO 55.03. Florida Statutes, running from the date the 00niSS were paid by the Owner. Right tOAudit. Availability of Records. The r8COPdS Of the parties to this Ao[eeOOROt n8|GtiDg to the Project, which Sh8|| include but DVL be limited to @CCOUDhng nBDOnJS (hard copy, as well as computer readable data if it can be made available; subcontract files (including pn3pOsG|3 of SuCC88SfU| and UDSUCC8S5fu| bidders, bid n8C@p3, bidding iDStruCtiODS, bidders list, etc.); Ori0iD@| eShOl8LeS; estimating work sheets; correspondence; Ch@DgH order files (iDC|UdiDQ doCUDOeDtaUOO covering O8gOUGi8d Sett|8Dl8OiS); b@ckch@[Qe |0gS and supporting documentation; general ledger entries detailing cash and trade discounts 8Grned, insurance rebates and dividends; any other supporting evidence deemed necessary by OVVDe[ Or by the YN0OnOH CUUOb/ Office Of the C|8[h Of Court and Comptroller (hHr8iD8ft8r [Hf8[r8d UJ as "COUDk/ Clerk") to SUbSt@DU@t8 ChG[g8S related to this Agreement, and all other agreements, SVUr:eS Of information and DlGttH[S that may in []vvDe['s or the CVUDtv Clerk's P8@SVDGb|e judgment have any bearing OO Or pertain to any matters, rights, duties or obligations under Orcovered by any CODt[@Ct d0CU0OeDt (G|| foregoing hereinafter referred to as "ReCOPdS'') Sh@|| be open to inspection and subject to audit and/or reproduction by Owner's n3pP3seD[gUve and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct v8[iUC8tiODs such as, but not limited to, counting eDlp|0y88S at the job Site, witnessing the distribution of p@yn3||' verifying payroll cOnnpUtatiODG' overhead nOnnpUtaUODG' Page 8of94 observing vendor and supplier payments, miscellaneous allocations, special Ch8rgeS, mBrUviDg iDfO[Dl8tiOD and amounts through iDte[v8vvS and vv[itt8D Q}DfirDGU0DS with 8rnp|VyeeS. Subcnn[n3ctVrg, 8upp|ien], and contractors' representatives. All records shall be kept for ten (1O)years after Final Completion Ofthe Project. The County Clerk possesses the independent authority LO CODdUCt an audit Ofrecords, GSSSiS, and activities relating tV this Project. U8O auditor employed by the County Vr County Clerk determines that [OOOi8S paid to COOirGCiOr pursuant to this Agreement were spent for pU[pOSeS DOL authorized by this AoFeeOOeDL or were VVnDDQfU||y retained by the Contractor, the Contractor shall repay the 0ODi8S together with iD18[HSt c8|CU|@ted pursuant to Section 55.03. Florida Statutes, running from the date the 00OieS were paid tVContractor. The Right k}Audit provisions survive the termination V[expiration Of this Agreement. b\ Governing Law, Venue, and Interpretation. This Agreement shall b8 governed byand Q}O8f[Ued in @CCOrdGDCe with the |@w8 of the State Of Florida 8pp|iC8b|8 to CODLr8Cts OO@dH and to be performed entirely in the State. In the event that any C@U8S of action Or GdDliDiStr8hV8 proceeding is instituted for the HDhJrCeDl8Dt or iDt8[pr8t@UOD of this Agreement, the County and Contractor agree that venue Sh8|| |i8 in the appropriate court or before the appropriate administrative body in K8onn>8 CVuntv, Florida. The Parties waive their rights tOtrial by jury. The County and Contractor agree that, in the 8VeD[ Of COnOiCLiDQ iOierpr8t@UOOS Of the terms Or 8 term Of this Agreement by Or between any of them, the issue shall be submitted to mediation prior to the institution 0f any other administrative O[ legal proceeding. C\ G8VHrGbi|ib/. |f any term, C0VeDGDt. condition or provision of this Ao[e8DlHDL (or the 8pp|iC@UOO thereof to any CiFCUD1St8DCe or p8rSOD) Sh8|| be declared invalid Or unenforceable to any extent by court Ofcompetent jurisdiction, the remaining 18r0S. covenants, conditions and provisions of this Agreement, shall not be affected thereby and each nS0O@iDiDg i8rOl' COV8n8Dt. condition and provision of this Agreement Sh@|| be valid and Sh@|| be enforceable tO the fullest extent permitted by law unless the 8DfOFC8OOeDt of the [8Dl@iDiDg tH[DlS, COv8D8DtS, COndihODS and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with 8 valid p[OViSi0D that CO008S as dOSH as possible LO the iDL8DL of the stricken provision. d\ Attorney'g Fees and Costs. The County and Contractor agree that, in the event any CGUSe of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and 8hG|| include @ttOrD8y'S fees and courts C0G[8 in appellate proceedings. e\ Binding Effect. The terms, CVven@n[S. CVndiUons, and provisions Vf this Agreement Sh@|| bind and inure to the benefit of the COUDtv and COOt[@CtOr and their m8SpeC1iV8 legal representatives, successors, and assigns. Page 9of94 U Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Aorearnard have been duly authorized by GU necessary County and corporate action, as required by law. Each party agrees that ithas had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice Ofcounsel. g\ Claims for Federal O[ State Aid. The Contractor and County agree that each ShR|| be, and is, e0DpOVV8[Hd to apply for, seek, and 0biGiD federal and state funds i0 further the purpose of this /\grH8DleDt. Any cODdiUODS imposed as 8 result of the funding that affect the Project VViUbSprOVidedtOH@Chp@rty. h\ Adjudication Of Disputes O[ Disagreements. The County and Contractor agree that all disputes and disagreements Sh8|| be attempted to be reSO|VSd by meet and CODf8[ sessions between representatives Vf each of the parties. U the issue Or issues are still not [8SO|ved to the S@hSf8C1iOD of the parties, then any party Sh@|| have the right to SH8k such relief or [H0OHdy as may be provided by this Agreement or by Florida |8VY. This Agreement is not SUbieCL to arbitration. This provision dO8S not negate or waive the prOViSiODS of Section 7.4, Section 7.8 Or Article 0 DODC8rOiDg te0UiO8hOD or c8DC8||@UVD. k\ COOp8r@U0D. In the event any administrative Orlegal proceeding is instituted against either p@hv 7e|@UDg to the fO[0@UOO, eXeCUUOn' performance, or breach Of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, pF0CHSSHS. meetings, and other activities related to the SUbstGDC8 Of this /\gn8eDleDt Or pnOViSiOD Of the Se7ViC8S UDd8[ this Agreement. The COUDtv and C0Dt[8CbJr SpeCiDC8||y agree that OO p8dx to this Agreement shall be required to enter into any arbitration proceedings nB|8tSd to this Agreement. ') Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be DO diSCriD1iD@1iOD against any pH[SOD. and it is expressly understood that UpOD @ determination by 8 court Ofcompetent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date 0f the court order. The parties agree t0 comply with all Federal and Florida statutes, and all |Oc@| OrdiO@OC8S, as @pp|iO@b|8. Fe|@tiDQ to DODdiSC[i[DiD@ti0D. These include but are not limited to: 1\ Title V|| of the Civil Rights Act Of 1964 (PL 88-352)' which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2\ Title |)( Ofthe Education Amendment Of 1972, as 80HDd8d /20 USC §& 1081-1SO3. and 1685-1880\. which prohibits discrimination Vn the basis Ofsex; 3\ ��H[�iVn �O4OfthB [��h�bi|it@tiOnACLVf19�3 as ' ' amended (ZO USC 8 794). which prohibits diSChOOiD8hOD OD the basis of disability; 4\ The Age Discrimination Act Of 1975, as amended (42 USC 8881O1-61O7). which prohibits discrimination Vn the basis 0fage; 5\ The Drug Abuse Office and Treatment Act of1972 (PL92-255), as amended, [e|8UDg to OODdiGc[iO0iD8UVD on the basis of drug GbUS8; 0\ lFhe CODlpP8heOSiVe /\|COhO| Abuse and AJCOhO|iSDl PP8V8OUOD, Treatment and Rehabilitation Act Of 1970 (PL 81-016). as 808Od8d. [e|8hOg to nondiscrimination OD the basis of alcohol abuse or a|COhO|isnn; \� The Public H88|ih ' Page 10ofU4 Service Act of1813. GQ523 and 527 (42UGC&§ 690dd-3and ' as amended. relating [0 confidentiality Of alcohol and drug abuse patient records; 8\ Title V||| Ofthe Civil Rights Act of 1908 (42 USC 8@ 3801 et seq.), as 8mended, relating to OoDdiSCriDliD@1iOn in the S@|8' P8Dt@| or financing Of housing; 9\ The /\DleriC@DS with Disabilities Act Of1SSO(42UGC& 121O1N0te). @S may be amended from time tOtime, [e|8hDg to DVDdiSCri00iDahoD in employment VD the basis of disability; 10\ yWODrOe County Code Chapter 14' Article ||' which prohibits discrimination On the basis of race, CO|Or. S8X' religion, D8iiOD@| origin, 8DCeStry, SeXU2| O[i8Di@[iOD' QHDde[ identity Or 8XpneSSiOD. f8Dli|i8| St8tUS or age; and 11) ADy Other nondiscrimination prVViSiODS in any federal or state statutes which may apply to the parties to, or the SUbi8CL matter of, this Agreement. During the performance of this Aon38rn8nt, the Contractor, in @CDDrd@nDe with Equal Enokown8nt Opportunity (30 Fed. Reg. 12319. 12935, 3 C.F.R. P@¢ 1984-1965 Comp., p. 339). as amended by Executive Order 11375' Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. P8rt0O (Office VfFederal Contract Compliance Progn3rns, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. PGrt2OO. Appendix ||. YTC. agrees as follows: 1. The CVD[[8ctV[ will not discriminate against any employee or Gpp|iCGD[ for employment because Of r8CH. CO|Or. religion, Sex. S8xu8| Orient8hOn, gender identity, Or national origin. The Contractor will take affirmative action i0 ensure that Gpp|iCGOtS are employed, and that e0Op|Oy8HG are imH@tHd during e0Op|Oy0OeDt, without regard tO their race, color, religion, sex, sexual O[ieDƒGtiVD. gender identity, or DGUODG| origin. Such 8{tiOD 8h@|| iDC|Ude' but not be limited to, the fO||VvviDg: EOOp|0yDl8nL. upgrading, demotion Or tn8nShS[. meCrUiL0OSDt Or rSCrUiinl8Ot advertising, layoff or termination, rates of pay or other forms of compensation and Se|eCiiOD for LnaiOiDQ' including apprenticeship. The C0Dtr8CLOr 8gP8eS to pOSi in COOSpiCUOUS places, 8V@i|ab|8 to e0Op|Oye8S and Gpp|iCGOtS for e0p|8y0eDt. notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, iD all solicitations 0r advertisements for employees placed by or on behalf Of the COOt78CtO7' state that all qualified 8pp|iO@DtS will receive CODsid8[8UOD for e0p|OyD1SDL without n8g8Pd to race, CO|Or, religion, Sex, SexU8| 0rieDtGƒiVD' gender identity, or national origin. 3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, diSCUSSed. Or diSC|OSSd the OO[DpeOS8boD of the employee or applicant Or another 8Dlp|0y89 Or applicant. This provision Sh@|| not apply to instances in which an employee who has access to the compensation information of other employees or applicants as 8 part Of such employee's eSsSnh8| job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such iDfo[nn8tiOD. UD|8Ss such Page 11ofU4 diSCk]SUne is in [eSpOOS8 to @ fOrDl8| COOOO|@irK OF charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the eO0p|0ye[' or is CVD3iS[SD[ with the contractor's legal duty to furnish information. 4. The C0DtD3CtO[ will send to each |8bV[ UDiVD or representative of workers with which it has a collective bargaining agreement or other contract or understanding, 8 DOtiCH LU be provided, advising the said labor UDiOD or workers' rHpPeS8Dt@UVS Of the contractor's commitments under this section, and shall post copies of the notice iO conspicuous places available tO employees and applicants for employment. 5. The CVO[[8(tV[ will comply with all provisions of Executive [>Pd8[ 11240 of September 24, 1805, and Of the rules, regulations, and relevant orders Of the Secretary ofLabor. S. The Contractor will furnish all information and reports required by Executive Order 11240 of September 24, 1985. and by the ru|aS. regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his bVVks, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this CODtr8Ct or with any of the said [U|8S' PegU|@UODS. Or orders, this CODt[8Ct may be c@OCB|Sd' terminated or suspended in VVhO|8 or in part and the contractor may be declared ineligible for further Government CODi[8CiS or federally assisted construction contracts in accordance with procedures authorized in Executive Order 112460f September 24. 18G5. and such other sanctions may beimposed and remedies invoked as provided in Executive Order 11240 Vf September 24. 1005. or by rule, FegU|@tiOD or order of the Secretary Of L@bO[, or as otherwise provided by law. 8. The CVDƒ[8ctV[ will include the portion of the 8eDƒeDc8 immediately preceding paragraph /1\and the provisions Of paragraphs(1)through (8)iD every subcontract Or pUrCh8S8 order UD|8SS 8X8DlpL8d by rU|SS' R3gU|@tiOnS. or Omd8rS Of the Secretary Of Labor issued pursuant tOsection 2040fExecutive CJPd8[ 11248 Of September 24, 1965, S0 that such pnDViSiODS will be binding UpOD each subcontractor O[vendor. The Contractor will take such action with respect LVany subcontract or purchase order as the administering agency may direct as a means of enforcing such p[UviSiOD8. including SGDCtiODS for non-compliance; provided, however, that iD the event 8 contractor becomes involved in, oris threatened with, litigation with @ SUbCODt[GCL0[ or vendor as @ F8GU|t Of such direction by the administering agency, the Contractor may request the United States to enter into such |iUg@UOD to protect the interests of the United States. Page 12of94 k) Covenant OfNOInterest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would cnOUiC[in any O0aODe[ Or degree with its performance under this Agreement, and that only interest Of each iS iO perform and receive benefits 88 recited iO this Agreement. |) Code OfEthics. The County agrees that officers and employees Of the County recognize and will be required to CUOOp|y with the standards Of conduct for public OffiC8rS and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, SO|iCit8hOD Or 8CCepL8DCH Of gibs; doing bUsiD8SS with one's agency; unauthorized compensation; 00iSU8e of public position, conflicting eDlp|OyV0eD[, or cODtr@CtU@| relationship; and diSC|OSur8 Or use of certain information. n0\ NO Sol iCit8UVD/Pay00eDL The County and Contractor warrant that, iDrespect to itself, it has neither employed nor retained any COD1p@Dy or person, other than @ b0D@ fide employee working solely for it, to solicit or secure this Agreement and that it has not paid OF agreed tO pay any person, company, corporation, individual, Or firm, other than 8 bOD@ fide employee working SO|e|y for it, any fee, CO0O0iSSiOD, p8PC8Dt8g8. gift' Or other consideration contingent VpVD or ne8U|UDg from the 8vvaPd Or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from [OOOieS OVVed' or otherwise FeCOV8r, the full 8DlOUOt of such fee, C000iSsiOD, pS[CSDt@g8, gift. or consideration. D\ Employment OrRetention Of Former County Officers OrEmployees. The Contractor VV@r[@DtS that it has not employed, retained or otherwise had act OD its behalf any former County officer Or employee iD violation Of Section 2-149. Monroe County Code 0f Ordinances O[any County officer 0[employee iO violation 0f Section 2-150, Monroe County Code OfOrdinances. For breach Or violation Of this provision the County may, in its diScPeUOD, terminate this contract without liability and may also, in its diSCFeUOO, deduct from the contract O[purchase price, O[otherwise recover the full amount Ofany fHH. commission, percentage, gift. or consideration paid tV the former County officer Or employee pursuant tO Subsection 2-152(b)' Monroe County Code OfOrdinances. o\ Public Records Compliance. The Contractor must comply with Florida public records |@vvS, including but not limited to Chapter 119' Florida Statutes and Section 24. Article | of the CODsU[UUVD of Florida. The CoUDh/ and Contractor ShG|| G||Vvv and permit reGSOD@b|e access to, and iOSpeCLiOO of, all d8CU0eO[S, n3COPdS. papers, letters or other "public [8Q][d" Dl8t8[i8|S in its pOsSeSSiOD Or UDd8[ its COOtnD| SUbiSCL to the provisions of Chapter 119, Florida Statutes and made Or received by the CVUDtv and Contractor in conjunction with this contract and related tO contract performance. The COUDtv shall have the right to UDi|@t8F8||y cancel this contract Up0D violation of this provision by the COO[[@[tV[. FGi|U[G of the C0Dt[@[tO[ to abide by the tg[Dls of this provision Gh@|| be deemed a Dl8[8[i@| breach Cf this contract and the County may enforce the t8[0S of this pPDViSiOD in the fO[0 of court proceeding and Sh@||, as @ prevailing party, be entitled to F8i0ObU[SGDleDL Of all 8ttO[D8y'S fees and COsfS Page 13of94 @SSVCaƒHd with that proceeding. This provision shall survive any termination or expiration Of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records L8VV in order to comply with this provision. Pursuant tUSection 110.O701. Florida Statutes and the terms and conditions Ufthis contract, the Contractor iS required to: (1) Keep and D1@iDi@in public r8COndS that YVOU|d be required by the COUD[v to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy qf the requested records Vrallow the records tVbe inspected orcopied within @ reasonable time @t@ cost that does not exceed the cost provided in this chapter Or8S otherwise provided by |8YV. (3) Ensure that public records that are exempt Or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by |8vv for the dU[@hOD of the D0nt[8Ct term and k}||0wiDg COnlp|SiiOD of the CODi[8Ct if the C0Dir8CtOr dO8S not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public [eCOndS in pOSSeSSiOD of the C0Dir@CtO[ or keep and OO@iDLGiD public [GCUPdS that would be required by the County tV perform the service. |f the Contractor transfers all public records to the County upon completion of the contract, the C0Di[@Ct0[ Sh8|| destroy any dUp|iC@bS public nSCO[dS that are exempt or confidential and exempt from public [8ConJs disC|OSU[e requirements. If the Contractor keeps and OO@iDtGiDS public records UpOO SOD1p|EtiOO Of the CODir8Ci' the Contractor ShG|| D188t all applicable r8qUir808DtS for retaining public records. All records stored electronically must be provided to the County, upon request from the COUD[v'S custodian 0f records, iD8 format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be 00@d8 directly to the County, but if the CDUDtv does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records [obe inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public P8C0FdS contract provisions in @CC0nd8DQe with the CVO[[8[t' notwithstanding the C0UOtv's npUVD and right to unilaterally C@OC8| this COOtr@Ct UpOO ViO|8iiOO Of this pnOViSiOO by the COOt[@CLO[. /\ Contractor who fails to provide the public r8COnd8 to the County or pursuant Page 14of94 to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy,or otherwise dispose of any public records unless otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T" ST., SUITE 408, KEY WEST, FL 33040, s , (305) 292- 3470. p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. q) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. r) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. s) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, nor shall it be construed as authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute and case law. Page 15 of 94 h Non-Reliance by Non-Parties. NO person or entity shall be entitled to rely upon the terms, or any of them, of this Ao[880eD[ to 8DfV[Ce or attempt to enforce any third- party d@iO0 or eDti[|eO0eD1 to or benefit of any service or p[og[8O0 CVD[eODp|8[ed hereunder, and the County and the Contractor agree that neither the County nor the Contractor Orany @QeOL, officer, Or e0p|Oy88 Of either shall have the authority to inform, COUDse|. or otherwise indicate that any particular individual or group of iOdiVidUG|S. entity or eOUtieS, have entitlements or benefits under this AOFHe0DeDi SHpG[8tH and apart, inferior to, Or SUpHriO[ to the CO0OOUUDib/ in g8D8rG| or for the purposes contemplated iD this Agreement. u\ Attestations. The Contractor agrees t0 execute such dVcurn8n[S as the County may r8@SODGb|y F8qUiF8, to include, but not be limited to, @ Public Entity Crime Gt@t8Dl8nt. an Ethics Statement, NOn-00||USiOD St@t800eDi. and @ Drug-Free VVOrkp|8Ce Statement. V\ No P8nSOO8| Liability. NO covenant Oragreement CODtGiDHd herein ShG|| be deemed LVbeG covenant 0[agreement Of any member, officer, agent, Or employee OfMonroe County in his or her individual capacity, and no member, officer, agent or employee of yNVDR}8 County Sh8|| be liable personally VO this Ag[e8r0eD[ or be subject to any personal liability 0r accountability by reason Ofthe execution Of this Agreement. VV) EXRCUhOO in [|OUOtR[p@rtS. This Agreement may be executed in any number Of Q}UDt8rp@rtS' each of which Sh8|| be regarded as an original, all of which taken together Sh@|| CODStitUie one and the G@0Oe iDStrUDl8ni and any of the parties hereto may execute this Agreement bY signing any such counterpart. X\ Hold Har0O|8SS' Indemnification, and Defense. Notwithstanding any DliOiDlU0O insurance requirements prescribed 8|Sevvhen8 in this Aor9ernenL. Contractor shall defend, indemnify and hold the {}OUDty and the COUDb/'S elected and appointed officers and employees harmless from and against (i)any claims, actions or causes of @CtiOD. (ii) any |iUg@1iOD' @dD1iDiSLr8Uve pnDCe8diDgS. @pp8||8t8 pn0CeHdiDgS. or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by. any indemnified p@dv by re@S0O Of. or in cODDeCiiDD with, //\\ any @CtiVib/ of COOir8[tOr Or any Of its 8Dlp|Oy88S, agents, contractors or other invitees during the term of this Agn88rnenL. (B) the negligence Or recklessness, intentional wrongful misconduct, errors 0[other wrongful act oromission Of Contractor U[any Ofits e[Op|Oy88S. agents, SUb-COOtr@CtU[S Ur other invitees, Or([}) Contractor's d8tGU|t in respect Of any of the Ob|ig@hODS that it UDd8rt@k8S under the terms of this Aoreement, except tothe extent the claims, actionn, neunee of action, |ihg8Uon, proceedings, costs Orexpenses arise from the intentional or sole negligent acts Or omissions ofthe County or any Of its employees, agents, contractors orinvitees (other than CODt[8CtO[\ The monetary limitation Of liability under this contract shall be equal to the dV||@[ v@|U8 of the contract and not less than $1 Oni||i0D per VcCU[[eDC8 pursuant to GeCUOn 725.08. Florida Statutes. The limits of liability shall be as set forth in the iDSU[@DC8 r8qUi[8DleDtS iDC|UdHd in this /\O[eeDlGDL |D80f@[ as the d8i0DS. @ntiVns, causes of action, |itigetion, proceedings, costn, or expenses ne|ak3 to events Page 16of94 nr circumstances that occur during the term [U this Agreement, this section will survive the expiration of the term of this Agreement or any e@di8[ tHrDiD8[i0D Of this Agreement. |D the event that the completion Of the project(t0iOC|Udeih8VYOrkOfOtherS) iSde|8y8d or Suspended as G result of the COn[r8CƒOr'S failure to purchase Or maintain the required iOSU[GDCe, the COD1rGC1Or ShG|| iOd8OOOifv the COUDtv from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the p|8DS and specifications provided by the Contractor, the Contractor agrees and warrants that the COOinBCtOr shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action OO the COUDb/'Sbehalf. The extent of liability is in no way limited to, nedUC8d. or lessened by the iDSU[@Dce requirements contained elsewhere within this Agreement. This iOdHOODifiC@tiOO Sh8|| survive the fe[D1iD8hOD of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the (County)Agency's SOVSr8igO immunity. State of Florida Department of Economic Opportunity Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the State of Florida Department Of Economic Opportunity and its OffiC8rS and employees, from liabilities, d8n08g8S' |OSSes and COStS, iDC|UdiDg' but DOL limited to, reasonable aUorney'a feea, to the extent caused by the neg|igenue, recklessness or intentional wrongful misconduct Vf the Contractor and persons employed V[ utilized by the Contractor in the performance Of this Contract. This indemnification Gh@|| survive the t8[D1in8ti0D of this Contract. Nothing CODt8iD8d in this paragraph is intended to nor shall it QVOStiƒUƒ8 8 waiver of the sovereign i0O0OUOib/of the United Gi8tHS or the County. y\ Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part ofthis AoP8eDleDi and will not be used in the interpretation of any provision Of this Agreement. z\ Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE'S. GS defined in C.F.R. Part 26. as amended, Sh8|| have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and r88SOO@b|8 steps in accordance with 2 C.F.R. §200.321 /GS set forth below), 8pp|iC@b|S federal and state |8vvS and r8gu|8hOnS to ensure that OBE's have the opportunity to CDnnpe[H and perform CVntm8[tS. The CVUDtv and Contractor and Page 17of94 subcontractors shall not discriminate On the basis Of race, color, national origin, OrSHx in GvvGrd and pedbnn@nue of contracts, entered pursuant to this Agreement. 2 C.F.R. 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Contractor, with the funds authorized by this Agreement, seeks i0subcontract goods or services then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR Sh@|| take the fO||OvviDg 8UirOn8tiv8 steps to 8SSUne that nniDO[itv businesses, VYOOOeD'S bUSiO8SS enterprises, and labor surplus area firms are used whenever possible.====== b. Affirmative steps must include: (|) Placing qualified s0D@|| and DliD0[itv bUSiDeSSeS and vv0Dl8D'S bUSiO8SS enterprises on solicitation lists; (2) Assuring that small and minority businesses, @OdVVODleD'S bUSiOeSS enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks Or quantities[0 permit maximum participation by small and minority businesses, and vvnnnen'sbusiness enterprises; (4) ESi@b|iShiOQ delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, Of such organizations GS the SrD@|| Business Administration and the Minority Business DeVe|Op0OHDt Agency 0fthe Department of Commerce. (6) Requiring the Prime C0Dt[GC10[. if SUbC0Dtr@CtS are to be let, LO take the gOi[nl8Uv8 steps listed in paragraph (1) through (5) of this section. @@\Agreements with Subcontractors. |n the event that the Contractor subcontracts any U[ all of the work in this project to any third party, the CVDtca[tV[ specifically agrees to identify the COUNTY 8S8n additional insured On all insurance policies required bythe County. |D addition, the Contractor specifically agrees that all agreements O[contracts of any nature with its subcontractors shall include the COUNTY aS additional insured. bb\|DdepeDdeDt CVO[c8(tV[. At all UrD8S and for all purposes under this AO[8eO0eO[' Contractor is an independent contractor and not an employee of the Board of County CO0OOOiSSi0D8rS Of Monroe County. NO St8t8O0eDt CODt8iD8d in this Agm880O8nt Sh@|| be CODGtrV8d SO as to find the Contractor Vr any Ofits employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. cc\ E-Verifv System. Beginning January 1, 2021' in accordance with Section 448.095. Florida Statutes, the CDOt[@C[O[ and any subcontractor Sh@|| P8giSt8[ with and Sh@|| utilize the U.S. Department OfHomeland G8CUritv'S E-VerifySySi8m tO verify the work authorization status of all new employees hired by the Contractor during the term Of the Contract and Sh8|| expressly n8qUinS any SUbCODtr8C[0nS performing work or Page 18of94 providing services pursuant k) the Contract k) likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the CVDƒr8[t term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with Or subcontract with an unauthorized @|iSD. The Contractor shall comply with and be subject t0the provisions 0fSection 448.085. Florida Statutes. dd\EDtiF8 AQn8eDleDL This writing embodies the entire agreement and UDd8[St8DdiD0 between the parties hereto, and there are no other agreements and understandings, 0r@| or written, with refS[8DC8 to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in vvriting, approved by the Board of County Commissioners and signed by both parties before it becomes effective. 8G\F|Orid8 Green Building CO8|iUOn Standards. K8OnnDe County requires its buildings to conform tO Florida Green Building CO8|iUOD standards. Special Conditions, if any, are detailed iO Section 0O1OOOf the Project K88OU8| fOrthiS Project. 7.7 Any written notices or correspondence given pU[sU8Ot UJ this contract Sh8|| be S8Dt by United States K8@i|, certified, return F8CSi[t F8qU8Sted, postage pF8p8id. or by courier with proof ofdelivery. The place of giving NOhCH shall remain the same as set forth herein UDU| changed in writing in the manner provided in this paragraph. Notice is deemed n2CHiV8d by Contractor when hand delivered by O8ƒiVD@| courier with proof Ofdelivery or by U.S. yW@i| UpOD verified receipt or UpVD the date of refusal Or DVD-@CCep[@DCe of delivery. Notice shall b8 sent b}the following persons: For Contractor: Pedro Falcon Contractors, Inc. Christian Brisson, President Big Pine Key, Florida 33043 For Owner: Director of Proiect Management Assistant County Administrator, PW & E 1100 Simonton St., Room 2-216 1100 Simonton . Key West, Florida 33040 Key West, Florida 33040 County Aftorne Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS Page 19ofU4 The Contractor and its SUbODOtractV[S must follow the prOVSiODS' as 8pD|iCGb|8, as Set forth in 2 C.F.R. §200.320 Contract provisions and Appendix || to C.F.R. Part 200, as amended, including but not limited to: 7.8.1 , as G0O8Dded /40 U.S.C. 8§3141-3148\. When required by Federal program |8QiS|3UOD, which iDC|UdeS Emergency K4@O@geOO8nt Prep8nBdD8SS Grant PFVgr@nO, HO0e|GOd Security Grant PrO0[@OO, Nonprofit Security Grant PFOgcG0' Tribal HODlH|8Od Security Grant Pn}gn@rn, Port SSCUri[v Grant PnJgnGnn and Transit 8eCU[itv Grant PnDQnB0. all prime CoDStrUCti0D contracts in SXceSS Of $2.0OO awarded by non- Federal 8DUUeS D1USt comply with the D@ViS-B8C0D Act (40 U.S.C. 0G3141-3144. and &G3148-3148) as supplemented by Department Of Labor regulations (29 CFF{ Part 5, "Labor Standards Provisions Applicable to C0nLnGCLS Covering Federally Financed and Assisted C0OS[[UCti0D^). In aCCVndaDCe with the st8LUh3. C0DtCaCto[S 00USƒ be required to pay wages tD laborers and mechanics 8L@ rate not less than the prevailing wages specified in8 wage determination made bythe Secretary Cf Labor. |n addition, contractors must be [gqUi[Hd to pay wages not |8SS than ODC8 8 week. If applicable, the COUDb/ 00USt place 8 current prevailing wage determination issued by the Department of Labor in each solicitation, 8 copy 0f which iS attached hereto @s Exhibit ^B'' and made @ part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant PnJg[8Dl, Homeland Security Grant Program, Nonprofit Security Grant PrOg[80O, Tribal HOOOe|@Dd Security Grant Program, Port Security G[8DL Program and lF[@DSii S8CU[itv Grant FzrO0r@Dl (it dD8S not apply to other FEMA grant and C0OpSr8iiVS 8gR3e00SDt prOgr@OOS, including the Public A8SiSt@DC8 PrOgr@0O). the contractors, in contracts for construction or repair work above $2,000 in situations where the O@viS-B8COD also applies, nnUSt also comply with the COp8|@Dd "ADh-Kickback" Act (40 U.S.C. @3145), as supplemented by Department of Labor regulations (29 CFR Part 3. "COOir8Ct0rS and GUbCODt[8CtOrS on Public Building Or Public Work FiD@DC8d in VVhO|8 or in Part by Loans or Grants from the United St8[8S''). As required by the Act, each CODt[@CtD[ or SUb[8CipieDt is prohibited from inducing, by any 0De8DS. any pGrGOD employed in the construction, completion, or repair Vf public work, to give Up any part of the CO0peDS@tiOO to which he or she is otherwise entitled. The COUD[v must report all suspected Or reported violations tO the Federal awarding agency. (1) Contractor. The contractor shall comply with 18U.S.C. G874. 4OU.8.C. § 3145. and the [8qUiF8OlHD[S Of2S C.F.R. Part 3 as may be 8pp|iC@b|8' which are incorporated by reference into this contract. (2) GUbCOOtrGCtS. The CODtn@CtO[ or subcontractor shall insert in any SUbcoDt[@[tS the d8uSS above and such other C|@uS8S as FEK8/\ may by appropriate iDSt[UCtiOnS require, and also 3 C|@USH requiring the SUbCOntrGCt0[S to iDC|Ud8 Page 20of94 these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance bv any subcontractor O[lower tier subcontractor with all Of these contract clauses. (3) BFe@Ch. A breach Of the COOt[@{t d@USeS above may be gPOUOdS for t8rD1iD@UOn Of the CODtnGCt' and for debarment GS @ COOi[@Cto[ and subcontractor as provided in 20 C.F.R. G 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week @ statement with respect k] the wages paid each of its e0p|OyS8S engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly p8yn}|| period. The report Sh8|| be delivered by the CODt[@CtO[ or SUbCODt[@(tO[. within seven days after the F8gU|8[ payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building O[work. 7.8.2 VVhe[H applicable, which includes all FEyWA grant and cooperative agreement programs, all C0nt[@CtS awarded by the COUDb/ in 8XCSSS Of $1OO,O00 that iOV0|VS the eOOp|0y0OSDt Of DlSch@DicS Or |@bD[e[S must comply with 40 U.8.C.§8 3702 and 3704, as SUpp|e0RDt8d by Department Of Labor F8QU|@tiOnS (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor must compute the vv8geG of every mechanic and laborer on the basis of 8 SL@Dd@[d vvO[k vv8Hk Of 40 hours. Work in 8xCHSs Of the St@Od8Fd vvO[k week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hOU[S worked in SXCeSS Of40 hours in the work week. The requirements Vf4OU.S.{|. 37O4 are applicable tV construction work and provide that DO laborer or 0OeChGDiC DlUSt be required tO work iD SU[nDUndiDgs 0r under working conditions which are unsanitary, hazardous or dangerous. These [eqUin8rM8D[s do not apply tO the purchases Of supplies Or materials Or articles ordinarily available On the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor O[subcontractor contracting for any part Of the CODir8St work, which may require Or iOVO|V8 the e0Op|OyDleOi of laborers or 0eChGDiCS ShG|| F8qUiR3 or permit any such laborer or Dl8Ch@DiC in any workweek in which he or She is employed Vn such work tO work in excess Of forty hours iD such workweek unless such laborer Or mechanic receives compensation @ta rate not less than one and one-half times the basic rate Of pay for all hOU[S worked in excess Of forty hours iD such workweek. /2> Violation; liability for unpaid wages; liquidated damages. In the event 0f any violation 0f the clause set forth iO Paragraph /b\(1)Of this section, the Contractor and any subcontractor responsible therefor shall be Page 21of94 |iGb|H for the unpaid wages. In @ddiUOO. such contractor and subcontractor shall be liable to the United States (in the case of work dVD9 under contract for the District of Columbia or territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall b8 computed with respect tO each individual laborer o[ mechanic, including watchmen and guards, employed iD violation Ofthe C|GUSe set forth in Paragraph (b)(1) of this SeCti0O, in the SUD1 Of $27 for each C8|eDd8r day OO which such individual was required or permitted to VVo[h in eXc8SS of the standard VVO[kVVeek of forty hours without payment 0f the overtime wages required by the clause set forth in Paragraph (b)(1) Vf29C.F.R. S5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal G88DCy Sh8||' UpOD its OVYO GCti0D Or Up0D written rSqUSSL Of an authorized representative of the Department Of Labor, withhold Or C2US8 to be withheld from any mOD8yS payable On @CCOUOt of work performed by the contractor Orsubcontractor under any such CoDtF8Ct 0r any other Federal contract with the SG0De prime CODLr8CiOF, or any other federally-assisted cVDt[8C[ subject to the CVDt[8{t Work HVU[S and Safety Standards Act, which is held by the S80O8 prime CODtrGCh}[. such sums as may be determined to be n8C8SS8ry LV satisfy any liabilities Of such CODLr@Ctor Or subcontractor for unpaid vv8g8S and liquidated d8nO8g8S as provided in the C|8US8 set forth in Paragraph (b)(2) Of 28C.F.R. 85.5. (4) @UbCODtrBCbs. The CODtr8CtOF Or SUbC0OtrGCLOr Sh@|| insert in any subcontracts the clauses set forth iD2SC.F.R. 85.5, Paragraphs (b)(1) through /4\. and also 8 C|@US8 requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be [8SpOOsib|H for COnnp|i8DC8 by any sUbC0Dtr@CtO[ Or |Ovve[ tier subcontractor with the clauses set forth iD2QC.F.R. §5.5, Paragraphs (1)through (4) 7.0.3 Rights to Inventions Made Under a Contract or Agreement. If the FSdS[@| 8VV@rd meets the deUDibVD of "funding @gFee008Dt" under 37 CFFl §401.2 (8) and the recipient or SUbrSdpiHD[ wishes to SDt8[ into @ CODt[GCt with @ S0O8|| bUSiD8SG firm or nonprofit O[g8Diz8hVn regarding the SUbSUtUUVD Of parties. assignment or performance Of experimental, deve|OpDl8Dt@|' or rHSHGrCh work under that "funding @gFHenneDL'" the recipient or SUb[8CipieDt must CV[Dp|y with the requirements of 37 CFR Part 401, ''Rights to |OV8DUODS K48dS by Nonprofit Organizations and SDl8|| BUSin8SS Fi[OOS Under GOVe[D08nt GF8DiS. COOi[@{tS and Cooperative Agreements," and any i0p|90HOUDg regulations issued by the awarding agency. 7.8.4 Clean Air Act (42 U.S.C. §7401-7671g.) and the Federal Water Pollution Control Act (33 . Contractor agnaon to comply with all applicable Page 22of94 standards, orders or regulations issued pursuant to the Clean Air Act (42U.G.C. §§7401- 7071q), as amended and the Federal Water Pollution Control Act 8s amended (33U.S.C. §§1251-1387) and will report violations to FEW1AJF8der@| Agency and the appropriate Re0iOD8| Office of the EDVirOD0eDL8| PrOtSCLi0O AOSDCy (EPA). The Clean Air Act /42 U.G.C. 74O1-7871q.\ and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), @S amended—applies tO Contracts and SUbQr@DtSOf amounts iO excess 0f$1O0.00O. The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in vvho|m Orin part with Federal assistance provided by FEyNA/Feder@| agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in iUrO' report each ViO|8UOD as required to @SSUne OOUfiC@ti0D to the Department of the Treasury/Federal Agency and the appropriate EPA Regional Office. 7.8.5 CODtr@Ct GVV8nj under G "covered transaction" (see 2CFR §18O.22O) must not b8 made iO parties listed OD the government-wide HxC|USiODS in the System for Award Management (SAK8)' in accordance with the OMB guidelines at 2 C.F.R. Pert 180 that implement Executive [>PdBrS 12549 (3C.F.R. Part 1988CO0p.' p. 189) 8Dd 12889 (3C.F.R. Fo8d 1989Co0p.. p. 235). "Debarment and SUSpSDSiOD" and the Department Of HOnlS|@Dd GeCUri[v`S regulations at C.F.R. P8rt3OOO /NVnpn}curemen[ Debarment and suspension). SAW1 Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory V[regulatory authority other than Ex8CUhv8 {lPd8[ 12549. SAyN exclusions can be 8CCeSSed at . Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §1OO.935) Vr its affiliates (defined Gt2C.F.R. 818O.9O5) are excluded (defined 8t 2C.F.R. &18O.94O)V[disqualified (defined at2C.F.R. &18O.H35). The Contractor must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C. and must include @ requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is @ OOGte[i@| nep[eSeOi@tiOO of fact [8|i8d UpOD by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart Cand 2 C.F.R. pt. 3000, SUbp@rtC. in addition to remedies available tO the County, the Federal GVVerDO0HOt may pursue available remedies, including but not limited to SUSpeDsiOD and/or d8b@O08Dt. Bidders or Proposers agree to comply with the requirements of C.F.R. p[. 180. subpart and 2 C.F.R. Pt. 3000. subpart C while this offer iSvalid and throughout the period Of any contract that may arise from this offer. The Bidder OrProposer further @QF8eS to iOdUdS G provision requiring such CO0p|i8DC8 in its lower tier covered transactions, including that the award iS subject tO2C.F.R. Part 18O and the Department 0f the Treasury's implementing regulation @t31 C.F.R. Part 19. 7.8.8 Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or 0[g@Diz@tiOD for iOOUeDCiDg Or attempting to iDUUeDCe an 0ffiC8[ or employee of any agency, @ member OfCongress, officer or e0Op|0yS8 Of Congress, Or an eDlp|UyS8 of member OfCongress in COOOe[tiOO with obtaining any Federal contract, grant O[any other Page 23of94 GVV@[d covered bv31 U.G.C. §1352. Each tier must also disclose ROV lobbying with non- Federal funds that takes place in CoODeCbVD with obtaining any Federal award. Such diSC|OsUPeS are forwarded from tier to tier Up to the recipient who in [U[D will k)[wx3Fd the certification(S) tO the awarding agency. |f the award exceeds $1OO,OOO. the certification, attached hereto as Exhibit '"C" and made part hereof, must b8signed and submitted by the Contractor tO the County. 7.8.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR � 200.322. The Contractor 0USt CO0p|y with SUC1iOD 8002 of the Solid VV@SLU Disposal ACL. as amended, by the Resource Conservation and Recovery Act. The requirements of Section 8002 include prOCU[iDQ only it8DlS designated in guidelines of the EOVin]ODleD[@| Protection /\QeOCy (EPA) at 40 C.F.R. Part 247 that COOt8iD the highest percentage Of [HCOVRPed [OGte[i@|S practicable, COOSiSteOt with DlGiOtGiOiOg G S@USf@CtOry |eV8| Of C0OOp8UtiOn, where the pUrChGS8 price of the item exceeds $10.000 Or the VG|Ue of the quantity acquired during the preceding USC8| year exceeded $10,000; procuring solid waste management services in@ manner that maximizes energy and resource recovery; and establishing an affirmative pPDCU[e0eOt program for prOCUr80O8Ot Of n8cOVen8d [D8teri@|S identified in the EPA guidelines. In the performance of this CODL[8CL. the Contractor shall make n18xirDUDl Use of products containing recovered r0gƒe[i8|s that are EPA-designated items unless the product cannot b8 acquired-- 1. Competitively within G U0OehGmS providing for CO0Op|iGOC8 with the CODtr8Ci performance schedule; 2. Meeting contract performance requirements; O[ 3. At@ reasonable price. |OfOrnl8UOD @bOUL this n8qUin80O8nt. @|ODg with the list Of EP/\ d8Si0D8t8d items, is available at EPA's Comprehensive Procurement Guidelines vvebSite, . The CODtn8ctD[ also agrees to DVrDp|y with all other applicable requirements of Section 0OO2 (d the Solid Waste Disposal Act. 7.8.8 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR . Recipients and subn8Cipi8ntG and their contractors and SUbCODt[G{tOrS may not obligate or expend any federal funds to (1) PnDCUre or obtain; (2) Extend or reOHVV 8 contract to procure Or obtain; or (3) Enter into 8 CODirGCi (O[ extend OF n8OeVV @ contract) to pnOCUPe Or obtain equipment, services, O[ systems that ugge covered telecommunications equipment or services as a substantial or gesenUG| component of any system, or as critical technology as part of any system. As described inPub|ic L8vv 115-232. section 889' covered telecommunications equipment iS telecommunications equipment produced by Hu8vvei Technologies Company Or ZTE Corporation (or any subsidiary O[affiliate Of such endiiGS). Page 24of94 /i\ FOr the purpose Of public safety, security of government facilities, physical S8CUrUv surveillance of ChUC8| infrastructure, and other O8UoD8| security purposes, video SUn/ei||@OC8 and telecommunications equipment produced by ||vta[8 C0DlDlUDiC8tiODS COrpOr8iiOD, Hangzhou HikViSiOD Digital lFeChDO|Ogy Company, Or D8hU8 l-8ChOO|Ogy Company (or any subsidiary 0[affiliate 0f such eDUU8s). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Te|eCVrnnnunicahons or video surveillance equipment or services produced or provided by@D entity that the Secretary 0f Defense, iD consultation with the Director Ofthe NGUVn8| Intelligence or the Director Vf the Federal Bureau of |nv8GUAa[iOn' reasonably believes[0be8n entity owned Or controlled by, Or otherwise connected to,the government 0f8 covered foreign country. 7.8.0 he County and COD1[8CLVr should, to the greatest eXLeOL practicable, provide a preference for the purchase, @CqUiSihOD' or use of goods, products, or Dl@te[iG|S produced in the United States (including but not |inliƒ8d to iron, 8|VnliOuO0' steel, ce00eDƒ' and other rD@OUf@CtUned pn]dU[tS\ The meqUineDleDiS Of this SeCUOD [OUSt be included in all SUb@YV8rdS iDdUdiDQ COnir@CLS and pUnCh8Se orders for work Or products under federal award. For purposes Df this section: (1) "Produced in the United States" O0gaDS, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, OCCu[ned iD the United States. (2) °K88DUf@CtUm8d prOdUCtS" [De8Os items and CODstrUCtiOD nO@[eri@|S CO0Op0Sed in whole or in part of non-ferrous metals such as @|UDliDUOl; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 7.8.10 This section applies/f the contract/s/n excess 0f$Z000and pertains&3 construction 0rrepair, and further, if required by Federal program legislation. C0D[[@Cto[ Sh@|| C00p|y with the COpS|8Od "ADU-Kickback" Act /40 U.S.C. §3145\. 88 SUpp|808DLSd by Department of Labor regulations (29 C.F.R. Part 3)' "Contractors and Subcontractors on Public Building Or Public Work Financed in VVh0|e Or in Part by Loans 0r Grants from the United States"). The Act pnDVid8S in part that Contractor shall be prohibited from inducing, by any D1e@DS. any p8[SOD employed in the C0DS[rUCtiOD, CODlp|etiOD, O[ repair Of public work, to give Up any part Of the compensation tO which itiS otherwise entitled. The County shall report all suspected or reported violations to the State Of Florida Department of ECoDOnliC Opportunity. Page 25of94 Other Federal and State of Florida Department of Economic OpportunitV Requirements (as applicable) 7.8.11 The Contractor will comply with all the requirements GS irnpOS8d by the /\DA, the regulations Of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 7.8.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and SUbcODt[GCt0[S 8CkDOw|8dg8 and agree to CODlp|y with 8pp|iC@b|U pnDViSiVDS governing the access to records, accounts, documents, information, facilities and staff by the United Gt@heS Department Of the lFP8@SUry. Contractors/Consultants DlUSt: (1) COOpS[8t8 with any COD1p|i8DC8 rSViSVY Or DD[Dp|GiDt iDVSSUg@UOD CODdUCi8d by the Department of the Treasury; (2) Give the Department of the lFFH@SU7y GCCeSs to and the right to eX8D1iDe and copy records, 8CCOUnLS' and other dOCUnleDiS and SOUrC88 Of information [8|@t8d to the grant and permit access to [aCi|ih8S, personnel, and other individuals and infO[rnGhOn as may be necessary, as required by the Department of the lFn8aSU7y m8gU|8tioOS and other applicable |8VVS or pn]gnaOO guidance; and (3) Submit U0S|y' complete, and 8SCUr@te reports to the appropriate 08p8rL0SOt of the Treasury officials and maintain appropriate backup documentation to support the reports. 7.8.13 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and bg reasonable for the completion Of the Project. Any contract change Ormodification, change order V[constructive change must be approved iD writing by both the County and COO17@{tOr. 7.8.14 This is an 8chDVw|edg8008Dt that the Department OfHousing & Urban Development(||UO)financial 8SSiSt8nC8 will be used to fund all or 8 portion of the contract. The Contractor agrees to COODp|y with the PHqUiPeO@8DtS of Title | of the Housing and C0OOOUUDity DeV8|OpOOeDt /\Ci of 1074. as amended (42 U.S.C. Sections 5301-5321. regulations adopted by the Department of Housing & Urban Development pursuant to Title | of the Housing and Community Development Act Of 1974. as amended, and guidance issued by the Department Of the Housing and Urban D8Ve|OpD1eDt regarding the foregoing. The CODtrGCtO[ also agrees to CO0p|y with all other applicable federal statutes, [egU|GUOOS' and 8XHCUiiVS orders, and the Contractor shall provide for such C0[Dp|i2DC8 by other parties in any agreements it enters into with other parties F8|@tiDg to this GVV8nd. Federal regulations applicable to this Department OfHousing and Urban [)ev8|0pnnen[ award include, without limitation, the following: i. UDik}[rD Administrative R8qUin8D1eDLS' Cost Principles, and Audit Requirements for Federal Aw@ndS, 2 C.F.R. P@rt2O0. Page 26of94 ii RU|HS and Procedures for Efficient F8d8[G|-8t@t8 Funds Transfers C31 C.F.R. Part 2O5\. iii Community Development Block Grant /COBG\ Technical K88rnOn3nd8 (hftoS://VVVVVV.hUd8XCh8Og8.iDfO/CODlDlUDity-d8Ve|OprD8Dt/Sdbg- 0Oe[DOr@Od8/). iv. Applicable HUD Community Planning and Development NOLiC8S (hftpS://Vm8mV.hUdSxCh8Dg8.iDfo/OU8DGQ8-@prOg[800/Cpd-DOiiCeS); V. Single Audit Act A[DeDd0eOLS Of 1998 (31 U.G.C. 8§ 7501-7507) EDViPDD[DeDt@| Review PPOCedUne9 for EDbdeS /\s3UDliDg HUD Responsibilities /24C.F.R. Part 58\. Vii. EDVir0OrD8Ot@| Criteria and Standards (24 C.F.R. Part 51\. Viii. Flood Disaster Protection Act Of1973, as amended (42 U.G.C. §G4001- 4129). F|0Odp|8in Management and Protection Of Wetlands (24C.F.R. Part 55)' and Executive Orders 11988 (F|o0dp|ain Management) and 11990 (Protection OfVV8UGndS). ix. National Environmental Policy Act of 1909' as amended (42 U.S.C. 8& 4321-437Oh) and other provisions 0f law which further the purpose 0fthis act. X. National Historic Preservation Act of 1966. as amended (54 U.S.C. @& 3OU3O1-32O303}, Protection 0f Historic Properties(38C.F.R. part 8OO). and other provisions 0f law which further the purpose Uf this act. A. ArCh8eO|OgiC8| and Historic PreS8nu3hOn Act Of 1974 and Reservoir Salvage Act Of19GO, 8S amended (54U.G.C. &83125O1-3125O8). xii. Safe Drinking Water Act of1974. Gs amended (42U.S.C. 8§ 3O0f. e[aeq.). Xiii. Architectural Barriers Act of 1988 (42 U.G.C. 8& 4151-4157) and the Uniform Accessibility Standards, as applicable. xiv. Federal Fair Labor Standards Act Of1938. GS amended (28U.S.C. §G201- 219). xv. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. 8§ 4001-4655) and the applicable rules for Federal and Federally Assisted ForOQnG0S Gi49 C.F.R. Part 24. XVi. Lead-Based Paint Poisoning Prevention Act(42U.S.C. 884821-484G); the Residential Lead-Based Paint Hazard Reduction Act Of19Q2 (42U.S.C. 88 4851-4850); and the applicable implementing regulations 8t 24C.F.F7. Part 35 and 24 C.F.R. P@rt57O' Subparts A, B. J' K. and R. XVii. Section 102 of HUD Reform Act Of 1988 (42 U.S.C. § 3545) and HUD Fl8k}rm Act regulations at 24 C.F.R. Part 4. xviii. Section 102 of HUD Reform Act of 1889 /42 U.S.C. § 3545\ and HUD RekJ[OU Act [egU|@UODS at 24 C.F.R. Fz@[L4. XiX. FR-6218-N-01: Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for COBGCV Gr8n[S, FY201g and 2O2OC[}BG Grants, and Other Formula Programs. Page 27ofU4 7.8.15 No Obligation by Federal Government. The Federal Government is not 8 party to this contract and isnot subject to any obligations V[liabilities[Othe CVUO[V/O on-Federal entity, contractor 0[any other p8dv pertaining to any 0O@tbe[ P88UUiDg from the contract. 7.8.18 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies LOthe Contractor's 8CtiOOG pertaining ƒO this contract. 7.8.17 The Contractor shall utilize the U.S. Department Vf Homeland Security's E-Verifysysterm t0 verify the employment eligibility Of all new employees hired by the Contractor during the term of the CVDƒ[8Ct and Sh@|| expressly require any GubcVDƒ[8(tV[S p8dV[DliOg work or providing services pUrSU@Dt to the COOi[8Ct to likewise utilize the U.S. Department Of HOD18|3Dd S8CUFity`S E-Verify SyStSDl to verify the e[Op|UyD1SDL eligibility Of all new employees hired by the subcontractor during the Contract term. 7.8.18 The Contractor will be bound by the terms and CODdiU0DS of the Federally Funded CO0OD1UDitv DeVS|OpDlSOt Block Grant CARES (CDBG-CV) grant found at and made @ part 0f this Agreement. 7.8.18 The Contractor shall hold the United States, State of Florida, and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, 03 the extent allowed and required by |8VV. 7.8.20 Energy Efficiency. If applicable, the Contractor will uOrnp|y with the Energy Policy and Conservation Act(P.L. 84-183; 42U.S.C. &&02O1-0422)and with all mandatory standards and policies relating to energy efficiency and the provisions Of the state Energy Conservation Plan adopted pursuant thereto. 7.8.21 Conflicts of Interest. The Contractor understands and agrees it must maintain G conflict- of-interest policy consistent with 2 C.F.R. § 200.318(C) and that such conflict-of-interest policy is applicable to each activity funded under the federal 8vv8rd as se[ forth in Attachment/\. The Contractor and subcontractors must disclose iD writing k] Treasury Or the pass-through eOU[v, as appropriate, any p[teOU@| CVDUiC[ of interest affecting the awarded funds in accordance with 2C.F.[7. & 200.112. 7.8.22 Hatch Act. The Contractor agrees to comply, as applicable,with requirements of the Hatch Act (5U.S.C. && 15O1-15O8 and 7324-7328). which limit certain political activities VfState or |OC@| gOVe[D0O8Dt eDlp|0yeHS VVh0S8 principal 8Dlp|OyDleDt is in cODDHCU0D with an activity financed in vvhn|8 or in part by this federal assistance. Page 28of94 7.8.23 G\ The United States expressly disclaims any and all responsibility or liability to the Contractor or third pe[SOOS for the 8CUODS of the COOtr@Ck}r Or third pSrSOOS resulting in death, bodily injury, property d@08g8S, O[ any other |oSSeS r8SU|UOg in any way from the performance of services funded under the federal GYV@rd as set forth in Attachment Or any other |0SSeS resulting in any way from the performance of services pursuant to any CODtn@Ct or subcontract under this award. b) The acceptance of this funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency r8|8UOOShip between the United States and the Contractor. 7.8.24 Protections for Whistleblowers. G\ In accordance with 41 U.S.C. & 4712. The Contractor may not discharge, deDlOtH' Or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided be|Vw, information that the employee r88S0n@b|y believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal fUDdS. GO abuse of authority relating to 8feder@| contract Orgrant, @ SUbstgD1iG| and specific danger to public hSG|ih or safety, or violation of law, rule, or regulation [e|2i8d to a federal contract (including the competition for or negotiation of a contract) or grant. b\ The list Of persons and eDUU8S referenced in the paragraph above includes the fnU0VViOg: i. A member Of Congress Or8 representative Of8 committee OfCongress; ii. /\n Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract Or grant oversight Or management; V. An authorized official of the Department of Justice or other |Gvv enforcement agency; vi. A court or grand jury; 0[ vii. A 08D@gS0eD1 0KiCi8| or other employee Of ReCipieDt, CODtr@CtO[, Or SUbCUnLr8CtOr who has the [SSp0OSibi|itv to investigate, diSCOV8r' or address misconduct. C\The Contractor shall iOfO[Dl its eD1p|OyeSS in writing of the rights and remedies provided under this section, iD the predominant native language Vf the workforce. Page 29of94 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the County shall have the right to terminate this Agreement after five(5)calendar days'written notification to the Contractor. 8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. 8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two(72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 8.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Page 30 of 94 8.7 For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: Construction Drawings as provided by LandDesign, Inc. • Permit Set Plans dated 11/01/2024. Page Numbers: C0.0, C1.0, C2.0, C3.0, C3.1, C4.0, C5.0, C5.1, C5.2, C5.3, C6.0, C6.1, C6.2, C6.3, C6.4, C8.0, C8.1, 1-1.0, 1-1.1, 1-1.2, 1-11.3, L1.4, L1.5, 1-2.0, L2.1, IR-01, IR-02, IR-03, IR-04, IR-05, IR-06, IR-07, E1.0, E1.0P, E1.2, and E1.3 (36 pages total) 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals not otherwise amended or changed as outlined in this Agreement. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 11/2/2023 1 2 11/27/2023 1 3 12/6/2023 30 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 31 of 94 Execution by the Contractor must be by.a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE;DOCUMENT MUST BE NOTARIZED. (SEA� F BOARD OF COUNTY COMMISSIONERS Attest l<e,yin Madok, Clerk OF MONRQE COUNTY FLORIDA s y ytt y E � ;4 Deputy.Clerk Mayor/Chairman iNOPlROE'cOUNTY ATTORNEY'S OFFICE APPROVED AS TO FORM, CONTRACTOR: PEDRO FALCON CONTRACTORS srAcrrcOOI�fTYhr FINEY ram.. DATE; 7 j,11-2025 Signature la Print Name:Christian Brjs8on ' Title: as President r � :Date: 07/03/2025 STATE OFL(?12 I;IL}1F1- COUNTY OFF On this "�'�day of SjV!: _ .20 7�.before me, the undersigned notary public, by means of (� physical presence or ❑ online, personally appeared C"g- { _6kISSOK) (name of affian0 known to me to be the person whose name is subscribed above or who produced : as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for.ROWELL'S WATERFRONT PARK REDEVELOPMENT PHASE 11 REDUCED SCOPE for the purposes themin contain ad. Notary Public = �.tirRY pU8%-. Brenna M BmcW8Y Print Name12 ' � rr Gomm.-HH 663881 Expires Apr.28,2029 My commission expires: �1 El�: (Seal) ;�??' N° Public-State of Florida Page 32 of 94 GENERAL REQUIREMENTS Where Project Management is Not GConstructor Section 0O750 General Conditions SeCtiODOO87O Project Safety and Health Plan SeCtiOn0O90O Contractor Quality Control Plan Section O1O15 Contractor's Use Ofthe PrS0iSSS Section O1O27 Application for Payment Section U1O3O Alternates Section 01040 Project Coordination Section O1045 Cutting and Patching Section 01050 Field Engineering Section O12OO Project Meetings Section O13O1 Submittals Section O131O Progress Schedules Section U137U Schedule [fValues Section O1385 Daily Construction Reports Section U1395 Request for Information— (RF|) @SCtiODO141O Testing Laboratory Services Section O1421 Reference Standards and Definitions Section O15OO Temporary Facilities Section O152O Construction Aids Section O155O Access Roads and Parking Areas Section 01500 Temporary Controls Section 01590 Field Offices and Sheds Section O1595 Construction Cleaning Section 018O0 Material and Equipment Section O183O Post-Proposal Substitutions Section O184O Product Handling Section O17OO Contract Closeout Section 01710 Final Cleaning Section O172O Project Record Documents Section U173U Operation and Maintenance Data Section O174O VV@r[8DU8S Page 33of94 EXHIBIT A Revised Scope Vf Work, Plans, Specifications, and Proposal Page 34ofU4 PEDRO FALCON CONTRACTORS, INC. ' 31160 Avenue C, Big Pine Key, FL 33 43-451 (305) 7 -2200-Fax(305)872-2219 EC 13003416 1 0GC 1507617 www.pedrofalcon.com 11-06-2024 Attn: Wendy Carter Project Manager Monroe County Projecty Management 102050 Overseas Highway, Rm 219 Key Largo, Florida 33037 Dear Ms.Carter, Pedro Falcon Contractors, Inc.has reviewed the project,which per our conversations, is over the allotted budget. Pedro Falcon Contractors, Inc.can offer the following value engineering and options for the County to evaluate and possibly incorporate into a project that can move forward, within the allotted budget. Pedro Falcon Contractors, Inc. provided a Value Engineering bid amount of $2,894,000.00, at the Counties request,on 10 July 2024.Subsequently,the County has hired a new Engineer to revise the plans and incorporate additional value engineering and revisions to delete the bathroom building and other items.The plans attached in this e-mail provide a 95%design for permitting(including redline comments from PFC)that are the basis of this proposal. Any additional changes to the permit plans will be subject to review and cost adjustment if warranted. As a part of our value engineering PFC proposes the following matching the permit plans: Permitting: Cost reduced to match revised project cost Bond: Cost reduced to match revised project cost General Conditions: Cost reduced to match revised scope of work and project timeline Earthwork: Cost revised to accommodate cost increases Site Utilities: Deleted with exception of electrical work show on revised electrical plans Fire Well; Work Eliminated Landscaping: Cost revised to accommodate additional sodded area Irrigation: Cost to remain the same with no reduction is scope of work 4"Soil Under Sod Cost reduced to match revised project cost Auger Pile: Work Eliminated Building Concrete: Work Eliminated Site Concrete Wall: Cost revised to accommodate cost increases Building CMU; Work Eliminated Dumpster CMU: Cost to remain the same with no reduction in scope of work Railings: Work Eliminated Industrial-Commercial-Institutional-Residential-Utility Established 1984 Page 35 of 94 Millwork: Work Eliminated Building Woodwork: Work Eliminated Insulation: Work Eliminated Roofing: Work Eliminated Doors&Windows: Work Eliminated Stucco: Work Eliminated Flooring&Wall Tile: Work Eliminated Gypsum: Work Eliminated Paint: Work Eliminated Site Furnishing: Cost to remain the same with no reduction in scope of work Toilet Partitions: Work Eliminated Toilet Accessories: Work Eliminated Fire Ext./Signage: Work Eliminated Plumbing: Work Eliminated Mechanical: Work Eliminated Electrical: Cost reduced to match revised project cost Musco Lighting: Work Eliminated Alternates: Work Eliminated Synopsis of Work to Be Performed: • Permitting • Erosion Control-per documents • Tree Protection-per documents • Site Clearing&Grubbing-per documents • Utilities-Deleted with exception of electrical shown on revised plans • Earthwork(import/Export,Retention Ponds,Site Grading&Compacting)-per documents • Drainage System(inlets&Storm Piping)-per documents • Site Concrete(Curbing,Sidewalks, MES, Flumes&Gravity Wall)-per documents • Asphalt Paving,Striping,Wheel Stops-per documents • Landscaping-per documents • Irrigation-per documents • 6"Soil-Revised to 4"Soil to reduce cost • CMU at Dumpster-per documents • Site Furnishing-per documents with exception of SF-1 &SF-6 which have been eliminated • Electrical a Parking Lot Poles&Lighting included o Gear to outside building included-cost revised to accommodate NEMA 4R o NO raceway,poles, lighting, etc. at field o Design by FOR General Wage Decision Number FL20240022 11/01/2024 is considered and included in this proposal. Page 36 of 94 All of the above can be provided for the sum of; Two Million Nine Hundred Eighteen Thousand Five Hundred Forty-five Dollars and Zero Cents $2,918,545.00 Pricing is guaranteed forthirty calendar days.We have been notified of scheduled cost increases after that time. If you have any questions,please give me a call. Respectfully Submitted, Ken Bygler Project Manager Page 37 of 94 N a NROU, COUNT)" UPPER KEYS :REWTHT SET E1E[,A;iE' 2 R.crncranw ba k"` rvmt ro 1L4 S50 L E RHO.iL 3303% n.+n astT N yr ex u, .. S,w tau,kr Si retnp hiGN4 .-CO.W'Y OVE24WS HiGH4YAY US_HIGHWAY No.L JT n se Ero w O ai "uv n iS � Era Eednee dss�a��nu.ee._ ,H. ;' 'ac ,� moo-bnne� -� PROJECT LOCATION �yr TO k rasa:rex oe�=e r:d':�Fz -r.' .' i ' . r, rs sr vlr.... LOCATION MAP WILLr=sue, - VERTICAL DATUM:NAVD 88 CONVERSION:NAVD+tS7=NGVD 29 Pemae corismrnn!r ow_wea HORIZONTAL DATUM=STATE PLANE 83-EAST aVL ENIINEERI—SCAPE ARaHITECMRE naolrrecr dg bly fr.' f \ S °E Betlder 8'Associates xe'S-1 Revrs!t 024„g„2g83,� LandDesign. ARCHITECTS g 9 9 } 9 t ee vzmed on 100 S ORANGE AVE k 200 410 ANGELA STREET ""N.w+ eleeo-on'a cop es ORLANDO,FL,32801 KEY WEST,FL 33") 1100 SIMONTON STREET {4671 "0-7800 005)296-1349 KEY WEST,FL 33"0 >s �.� ,ie ra!_ a F a oJc_ uuxn�nu..r.'m¢ (303)294-4641 - Page 38 of 94 LwxMhesio t "fir.. xt�r xe` r a +vim„ 'rj r �Y f r i Y hri ti. f 5. i PERMIT SET i ✓'... ; 7; ROWELL'S WATERFRONT- _ PHASE II r N t C1.Q Page 39 of 94 GENERAL NOTES TREE PROT—N NOTES CONT, SITE GRADING&DRAINAGE NOTES SITE UTILITY NOTES �V DEMOLITION EROSION CONTROL NOTES: ........... I 417A 'IT., _ZT 1,1�­11 ly IL 11,11` ......................... PERMIT SET nlll ROWELL'S WATERFRONT PHASE II 1-1wIl-Ily 41 Z 111,11_1 I'll, TREE PROTECTION NOTES SITE-UT NOTES GEOTECHINCAL NOTES III, "I n1l 1 -1 T 1=411 02 ... .. ,11A 11111­11111j­,1�11,11!�l C2.0 Page 40 of 44 LwxMhesio ?"+ U" h1 • �' ;� tad f 14 PERMIT SET . 1 i 14 «{ 1 / 9•� ti t1:, 'k �``r ' ROWELC3 WATERFRONT- PHASE II I 7 7, T I I ITT._ r r r t v e C3.Q Page 41 of 94 LwxMhesio SITE DESCRIPTION AND NOTES: SCHEDULE OF INSPECTIONS AND MAINTENANCE NOTES 111IT-1 T-111—­11111 SECTION Y, FRAME FABRIC FI—D '—j '1' Ln, U t,711 11 11 1 1 1�I Ls I I I I I I SECTION PLAN V-1 EROSION CONTROL NOTES: FIT TER FABRIC INIFT PROTECTION TEMPORARY CONSTRUCTION EFFER ANCF 71.1.1 =T'4 r ITII�"`HFTN'S�'T I'I PLAN CONSTRUCTION SEQUENCE T11 I PERMIT SET NOTE ROWELL'S WATERFRONT- DETAIL AT BOTTOM OF FENCE PHASE II SITE ASSESSMENT NOTES .11 FEN. --I IN A DRAINAGE WAY noxaoEc�urrzv MI T FENCF AT— III PLAN i. .11=%�,,�­'F­ ­1111 IM=1 11111"'VIM111t," H 5a env I REL PROI LCIION RIP-RAP OUTIPT PROTECTION C3.1 Page 42 of 94 oemouTion nerrvores L8ixMhesio F.r �l I a i r t r, / r � 43 � aFAEa�� 1 / � rl i^';. PERMIT SET ROWELCS t WATERFRONT- �' ` PHASE II 1% ✓ / ?_ " 1 TACY 2 +� fE u„ .Wag � Ms C4.o Page 43 of 94 I�axid.Design. 1- - - - - - - - - - - - - - - - - -1- - - - - - - - - - - - - - - - -1 1 ­ v 1 I iy 11, PERMIT SET ROW 1- } { WATERFRONFRON T- It Tr �' �" PHASE II 1 PHASE I Iw, ,PWT PART OF THIS SET - - - - - - - - - - - - - - - - 1- -'- - - - - - - - - - - - - - -1 SITE DATA N w oesunrww �A t rc�o..nrr xm. \I DATUM: U��,W ag �.-. N , ti w VERTICAL DATUM:NAVD 88 CONVERSION:NAVD+1.57=NGVD 29 �. iid F��s re.wroo.P�,w HORIZONTAL DATUM=STATE PLANE 83-FAST C5.Q Page 44 of 94 LwxMhesio L x_MATCH LINE-SEE CS 2 - - �' -- -. �y sAll � I - ,. tt 1t ff r._A �� /� f• 6 /t •�j '\, J J� r I t U I _. i i 1• k t 1 t •' � � in 1 -ALL oscaaE j - ��P h� PARK t' r , � « r TIT 7 D + tn SITE—NAGE—NOTES Al ZZ u� v f 14 PERMIT SET �40 ._ F '' t � "`- `' _ .:—•"". �O.4 ROWELL'S WATERFRONT- 0 PROPOSED PHASE II " � PROD FEATUREi LEGEND r f {' / sio` y' }•'� x� rX A� Y Ku! 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A _1 tLLLL' DATUM: =7zt VERTICAL DATUM:NAVD 88 CONVERSION:NAVD-1S7=NGVD 29 ............... HORIZONTAL DATUM=STATE PLANE 83-EAST C6.1 Page 49 of 94 I�axid.Dasign. }e�rr� rFRROPOSED FEANRES LEGEND vux.nu E" t 1 iJ 1 ..�.r-+ham- - z r ti i t f L 1 f j 1 W PERMIT SET 777 f: • 1 ROWELL'S �� l 1 _ I F WATERFRONT- I - '^1 1 e( PHASE II 1 u . - 7 f f'c LINE-,56E C6.1 i 1 1-4 - N t f „r DATUM: VERTICAL DATUM:NAVD 88 CONVERSION:NAVD+1.57=NGVD 29 .. HORIZONTAL DATUM=STATE PLANE 83-EAST ck�.,ac N�AH -....C6.2 Page 50 of 94 LwxMhesio PRGMSED FEATURES LEGEND _i_rz ro. Res 1 1 -1 i 1 �T z PERMIT SET 1 # ROWELL'3 g 1 y1' WATERFRONT PHASE II / ��04 i s >� t s A , t' - -- -----R'�--^----�-- -i:"•7----_�? �r �. :. - ------------------ -PHASE I 5r I — NOT PART OF THIS SET N t DATUM:- — — v« II Mi . VERTICAL DATUM °^^7 t NAVD 88 a CONVERSION NAVD+1 57 m NGVD 29 HORIZONTAL DATUM=STATE PLANE 83 EAST ...............1p --� ak„o�cw�pry -....C6.3 Page 51 of 94 s Lai�d.Design. DATUM: VERTICAL DATUM.NAVD 88 CONVERSION:NAVD+1.57=NGVD 29 HORIZONTAL DATUM—STATE.PLANE 83 EAST J r t 1 r SECTION A A� �q m r SECTION C-C f c:'` t SECTif)N S-i3 E is l t 7r.�. r't F r ➢.DD3 v, _ POND> /r '; • fr y t ,r !1t ,. � rr� 56C`IIONDD t / � PERMIT SET POND 3 ROWERONT- r. �� WA PHASE II t � �.�. l �ml, ,n � SECTION F F r r t ,e t 1 r - r l .... PlINIDN LL Y.s aonio A ` �t a v(t r t ,*• ri" - raN - — — ;, / SECTION P F f _ it " w 17 " SECT C G r scv m.vi-� t •—� J�C. +� � rvCrv�Ctx9555EC*iOrvS C6.4 Page 52 of 94 LwxMhesio 47 ,�ACCESsIBLE ------------------------ ............................... Itt> I 011.11 PAIEMEN $250 FINE F$3161955 ........................ PENALTY PI—E 7—F I T, PRECAST'CCNCRLl E WHEELSf(.)I' T,kCTIT F VVARNTNG ACCFSSTBI F PARKING SIGN ASPHALT PAVEMENT :STOP: �� .�w...., x �x ,.,o^,o..�,.a, �� ,=C— w,.. 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GENERAL NOTES r a nU,N��a i } r�w , .... PERMIT SET ° WATERFRONT PH II PLANT LIST AND NOTES _.,. L1.4 Page 59 of 94 L-ADesign. i i —(__�—a M � E < cup• /f/ E C tact¢ 1 SPREE PLANTING-PALM zoc�c \ °�"bD T� 2 TREE PLAN ING-U'TO 3 CAL. (� _IREE PLANTING MULTI-TRUNK PERMIT SET ROWELL'S WATERFRONT PH II - A r\ CROYYN PARKIIvG ISLAND SHRUB AND GROUNDCOVER PLANTING Tl SE 3RU111 AND GROL'NDCOVER SPACING LANDSCAPE DETAILS _.,. L1.5 Page 60 of 94 -. . :. L-ADesign. w..;.. 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E1.3 Page 73 of 94 EXHIBIT B Department of Labor Wage Determination Page 74 of 94 "General Decision Number : FL20250022 02/21/2025 Superseded General Decision Number : FL20240022 State : Florida Construction Type : Building County: Monroe County in Florida . BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (1) . JIf the contract is entered 1 . Executive Order 14026 linto on or after January 30, l generally applies to thel 12022, or the contract is l contract . Irenewed or extended (e . g. , an 1 . The contractor must pay loption is exercised) on or l all covered workers at lafter January 30, 2022 : l least $17 . 75 per hour (or I I I the applicable wage ratel I I listed on this wage I I I determination, if it is I I I higher) for all hours I I I spent performing on the I I I contract in 2025 . JIf the contract was awarded oni . Executive Order 13658 lor between January 1, 2015 andl generally applies to thel JJanuary 29, 2022, and the l contract . I Page 75 of 94 ( contract is not renewed or IThe contractor must pay alll ( extended on or after January I covered workers at least ) 130, 2022 : 1 $13 . 30 per hour (or the I I ( applicable wage rate listed ) I Ion this wage determination, 1 I I if it is higher) for alll I ( hours spent performing on I I I that contract in 2025 . 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at http : //www. dol . gov/whd/govcontracts . Modification Number Publication Date 0 01/03/2025 1 01/24/2025 2 02/21/2025 ELEC0349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 40 . 24 14 . 94 ----------------------------------------------------------- ENG10487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . . $ 37 . 07 14 . 90 Page 76 of 94 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes . . . . . . . . . . . . . . . . . $ 40 . 40 14 . 90 Cranes 130-300 Ton . . . . . . . . . . $ 39 . 38 14 . 90 Cranes 76 ton to 129 Ton . . . . $ 37 . 57 14 . 90 ----------------------------------------------------------- IRON0272-004 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 28 . 84 15 . 72 ----------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ----------------------------------------------------------- SFFLO821-001 01/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 34 . 03 23 . 70 ----------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 29 . 10 14 . 68 ----------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 Page 77 of 94 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LABORER: Pipelayer . . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator . . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 OPERATOR: Pump . . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation . . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 ----------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ----------------------------------------------------------- ----------------------------------------------------------- Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17 . 75) or 13658 ($13 . 30) . Please see the Note at the top of the wage determination for more information . Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or Page 78 of 94 subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year . Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https : //www. dol . gov/agencies/whd/government-contracts . Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (iii) ) . ----------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type (s) of construction and geographic area covered by the wage determination . The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate) , a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate . Page 79 of 94 Union Rate Identifiers A four-letter identifier beginning with characters other than " "SU" " , ""UAVG"" , ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2024 . PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i . e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination . The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate . Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification . Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 1000 of the data reported for the classifications reflected union rates . EXAMPLE : UAVG-OH-0010 01/01/2024 . UAVG indicates that the rate is a weighted union average rate . OH indicates the State of Ohio . The next number, 0010 in the example, is an internal number used in producing the wage determination . The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate . A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers Page 80 of 94 The " "SU"" identifier indicates that either a single non- union rate prevailed (as defined in 29 CFR 1 . 2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification . As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SUFL2022-007 6/27/2024 . SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification . FL indicates the State of Florida . 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier . ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1 . 6 (c) (1) . State Adopted Rate Identifiers The " "SA" " identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C . F.R 1 . 3 (g) - (h) . Example : SAME2023-007 01/03/2024 . SA reflects that the rates are state adopted. ME refers to the State of Maine . 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination . The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- Page 81 of 94 WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be : a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys . Requests can be submitted via email to davisbaconinfo@dol . gov or by mail to : Branch of Wage Surveys Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations . Requests can be submitted via email to BCWD-Office@dol . gov or by mail to : Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Requests for review and Page 82 of 94 reconsideration can be submitted via email to dba . reconsideration@dol . gov or by mail to : Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and any information (wage payment data, project description, area practice material, etc . ) that the requestor considers relevant to the issue . 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to : Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 . ----------------------------------------------------------- ----------------------------------------------------------- END OF GENERAL DECISION" Page 83 of 94 EXHIBIT C County Forms Page 84 of 94 SECTION 00120 N AFFIDAVIT | Christian Brisson of the cit Little Torch Key according to law onnly oath, and under penalty of perjury, dep0seand say that: 1. I am President of the firm of Pedro Falcon Contractors, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Rowell's Waterfront Park and that | executed the said proposal with full authority tDdVso; 2. The prices in this proposal have been arrived at independently vVdhOU1 collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; and 3. Unless otherwise naqV|Fed by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not hDOVv|Dg|y be disclosed by the proposer prior to pn]poom| npeOin0, directly or indinact|y, to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other penonn, padnership, or corporation to mubmmit, or not to mubnlit, m proposal for the purpose of restricting competition; and 5. The d in this affidavit are true and oorro(t, and made with full December 13, 2023 (Signatura of Proposer) (Date) STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of Vp_'hysical presence or 11 online not7zation, on1hk0A16,L (date) (name of affiant),6 known to me or has produced Q e of entification) as Mad Andruzz! Notary Public-State of Florida (SEAL) My commission expires: Page 85of94 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Pedro Falcon Contractors, Inc. (Company) warrants that he/it has not employed, retained, or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature) Date: December 13,2023 STATE OF: FLORIDA COUNTY OF: MONORE Subscribed an-d sworn to (or affirmed) before me, by means of Mphysical presence or 11 online notarization, on 1 (date) by (name of affiant). /She is personally ----------------- known to me or has produced (t e of ident' ation) as (t e of idjenI identification. 0� Mad Andn9A Comm.:HH 367485 Expires,February 28,2027 NOTARY PUBbj��� Notary public-State of Florida (SEAL) My commission expires:M12 21 t—Z-6P Page 86 of 94 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute Section 287.O87 hereby certifies that: Pedro Falcon Contractors, Inc (Name ofBusiness) 1. Publishes a statement notifying employees that the unlawful monufanture, disthbudon, dispenuing, pooeesmion, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the vvmrkp/mne, the business's policy of maintaining a drug-free workplace, any available drug oounee|inQ, nehabi|itation, and employee assistance pruQoama, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under proposal o copy of the statement specified in subsection (1). 4. |n the statement specified in subsection (1). notifies the employees that, aoa condition ufworking on the commodities or contractual services that one under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or no|000nbendore to, any violation cf Chapter 8S3 (Florida Statutes) orof any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) doys after such conviction. 5. Imposes a sanction on, or require the nedietao(ory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's onmmunhy, or any employee who is so convicted. S. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement. | certify requirements. Proposer's Signature Demannber13 2023 Date STATE OF- FLORIDA COUNTY OF: K8ONFlDE Subscribed and sworn to (or affirmed) before me, by means ofV4hy |:o| presence orOonline as identificatlon, Mad Andruzzi Expires:February 28,2027 NOTARY PUBLIC (SEAL) Notary Public-State of Florida My commission expires:l-�LL nt_Z_(Z-T &She is persona nown to me or has produced ype of identification) Page O7ot94 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither Pedro Falcon Contractors, Inc. (Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last thirty-six (36) months. (Signature) Date: December 13, 2023 STATE OF: FLORIDA COUNTY OF: MONROE Subscribed and sworn to (or affirmed) before me, by means of ff"physical presence or 0 online 'J�LL,E,W 1,,C 1 '-5, ZLJ�,j notarization, on (date) by 2,6 [ILE ("I'o L (name of affiant)(;/She is personally known t me or has produced (type of dentificatlion) as identification. Marl Andnj& Comm.:HH 367485 NOTARY P LIC i Expires:February 28,2027 A(Ltr public-State of Florida !§E My commission expires, E L 7 9, Z-4 7- Page 88 of 94 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s) RDVVell'9 Waterfront Park Develogglent.,Phase 11 11 09-2O23 Respondent Vendor Name: Pedro Falcon Vendor FEK 59-2550231 Vendor's Authorized Representative Name and Title: Christian Brisson, as President Address: 31160 Avenue C City Big Pine K State: Florida Zip: Phone Number Email Address: Section2B7.135. Florida Statutes prohibits a company from bidding on, submitting proposal for, or entering into or renewing e contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel Ust, created pursuant to Section 215.4725 Florida Sta1utea, or is engaged in a Boycott of |anoei Section 287.135. Florida Stetutes, also prohibits company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba orSyria. As the person authorized to sign on behalf ofRespondent, | hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. | understand that pursuant to Section 287.135, Florida GtatuUao, the submission of false certification may subject company bocivil penalties, attorney'afeea. and/or costs. | further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed onthe Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba orSyria. Certified By: Christian B7issoO . who is authorized tn sign on behalf of the b ref� Authorized Signature Print Name: Christian Brisson Title: ps PMidgnt of Pedro Falcon ContractQM, log, Note: The List are available at the following Department of Management Services Site: ended djscr�nijnatory complaints vendor lists Page O9of94 APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $1OO.DOO) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, hJ the best of his nr her knowledge and belief, that: 1' No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe uOdenaigned, to any person for influencing Or attempting to influence an officer or employee of an agency. a Member Of CnnQrHSg. an QOioer or employee of Congress, or an employee of Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreemeni, and the extensiVn, cVnUnuadiVn, renewal, amendment, or modification Of any Federal COntnan1. grant, |oan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer oremployee of Congress, or an employee of Member of Congress in connection with this Federal contract, grant, |oan. Or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. ''Diso/UGuno Form to Report Lobbying^" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all gVbawards at all hors (including subcVntre(ts, subgnants, and contracts under grants, |oans, and cooperative agreements) and that all subnedpiwn1a shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is e prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10.000 and not more than $100'000 for each such failure. The Contractor Pedro Falcon Inc. certifies or affirms the truthfulness and accuracy of each statement Of its DedifiCaUVnand disclosure, if any. |n addition, the Contractor understands and agrees that the provisions of31 U.S.C. Chap. 38' Administrative Remedies for False Claims and StatenneDto, apply to this certification and-disclosure, if any, Signature of Contractor's Authorized Official Chri81|@OBrissOD as President Oemember13 2028 Name and Tide of Contractor's Authorized Official Date � Page 90of94 DISCLOSUME OF LOBBI'LNG,ACTINITIES L Type of Federal Actiou.. 2. Status of Federal Action-. 3k Report IN-pe: Ha,COMMU a.badoffp-rappacadan a-Mmal Is. PMI b. initial Mard Is. material clunse C. cooperalm agreement c port-waacd i. iom For Materw clunce Only: a, loan guarautee VE31- quarter I to of last repart 4. Name and Address of Reporting Etefity S. IfRepaTtingEzatfty,im,No.4isSabawardm, Enter Nun andAddress of Prime- F-I Prime F-Ii are Tier if kzowm CGugmsimai'District,if Immm Congressimall District ff h3own 6. Federal Deltartme at-Agency: 7- Federal Program NanwDescrilifin: CFDANumber,if applicabie ® FederalAdiam Number,if kiaown: 9. Award Amount,if kaorvm- 10. 2. ,Name andAddress of Lobby Enfity b. Iudkvidmate Performing Services (mcluding �If imiiv-uhm,!av name,fnt addre-is if diffamt from No.10a) (Ast name,bnt name,M2) (attach Contnuatim Sheat(sj if necessary') 11. -Amount oft'aymentic heca an that appm, 13. TypeafrXyment(checkall that apply) s-F I acuai F-I Rimned F-I a, retainer F-I b. one-timefee 12. Form,of Payment(ciaetk aH that apply, - coramissiou F-I 3. Cash d. "Wtiumt few- ❑ b, in-kinxt specify- aanae_ e, deferred val�u* N f other,Specify 14- Brief Dewription of Services Performed or to be performed and Do Ws)of Service,including officer(s�employee(s),DT member(s)contacted,for Payment Mcated in It 11: (3 M- ch Corlimution Sheet,(s)if necessary) 15. CoutimnatiomiSheet(s:)attacbfd- Yes F-1 No F-I L . 716o 32 U.S.C.54ctim,1312. Ths&xictim allchb5* Sipantre: RL221CA U-31 PI=4;d`oy-dI4 Ic4r IbW.'V WbAM bil I!MF.WtkIL waamadpwantwadimm. Tksdiscbwzais Print Name: punmz=tto3:U,5ZA35', zvooctod to CumFwi5 wmczamu.its y aad wiz laws public iaqc�ctkm Axy pirum who fuh to fla,dio ragairrod di lct.Um dna bQ vabjOcr to I chil PQMaL+!afnat,kGr im UOYA=a Mm ULM th=S100,000 far Mc:h MWI fikl%zv. Te4hone No.:: Date: Ammonzed fm call Fork ral Use Only, Stamiard Form 2-6-c PAR7 Z(COUN TY Page 91 of 94 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. L Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state,and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state, and zip code of the prime Federal recipient. Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(c.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full names of the individuals)performing services and include full address if different from 10(a). Enter Last Name,First Name and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform, and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s) employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering,and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90eENDIF» Page 92 of 94 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES .................................... ..................................... Entity/Vendor Name: Pedro Falcon Contractors,Inc. Vendor FEIN: 59-2550231 Vendor's Authorized Representative.. Christian Brinson as President (Name and Title) Address: 31160 Ave C City:Big Pine Key State: Florida Zip: 33043 Phone Number: 305-872-2200 Email Address: cb@pedrofalcon.com As a nongovernmental entity executing,renewing,or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a), coercion means: I. Using or threating to use physical force against any person; 2. Restraining, isolating,or confining or threating to restrain,isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying,concealing,removing,confiscating,withholding,or possessing any actual or purported passport,visa,or other immigration document,or any other actual or purported government identification document, of any person; 5. Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06.Additionally,Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: C 0 RZ-5TZ a// Ak 15 "q 'P who is authorized to sign on behalf of the above 77 any. Authorized Signature:_ f77!�--,-- Print Name: Cjt91!jr :5 5 Title: �2 _AEJZL Page 93 of 94 r Minority Owned Business Declaration Pedro Falcon Contractors, Inc., a sub-contractor engaged by Monroe County during the completion of work associated with the below indicated project (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or V is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection(6)(see below)which is organized to engage in commercial transactions,which is domiciled in Florida,and which is at least 5 1-percent-owned by minority persons who are members of an insular group that is of a particular racial,ethnic,or gender makeup or national origin,which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control,and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession.Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds$1 million.For purposes of this subsection,the term"related immediate family group"means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. F.S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates,has a net worth of not more than$5 million or any firm based in this state which has a Small Business Administration 8(a)certification. As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Contractor Sub-Rgejj ient: Monroe County L Stet dture Signature Print Name: Christian Brisson Printed Name: Title:as President Title: Address: 31160 Avenue C OMB Approved No. 1505-0271 City/State/Zip Big Pine Key, FL 33043 Date; December 13, 2023 Page 94 of 94 DATE(MMtDDtYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCEF10/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michelle Rushing Bowen, Miclette&Britt of Florida, LLC IHONE C, Ext: 407 647-1616 FAX No: 407 628-1635 850 Concourse Parkway S Suite#105 E-MAIL E-MAIL s: mrushin bmbinc.com Maitland FL 32751 INSURER S AFFORDING COVERAGE NAIC# INSURERA:Amerisure Mutual Insurance Cam an 23396 INSURED PEDROFALCO INSURER B:James River Insurance Co. 12604 Pedro Falcon Electrical Contractors, Inc. 31160 Avenue C INSURER C Big Pine Key FL 33043-4516 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1723143170 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DDNYYY MM1DDIYYYY B X COMMERCIAL GENERAL LIABILITY Y Y 00123482-3 1112/2024 111212025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- JECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y CA20929391002 1112/2024 1112r2025 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 LIAB X OCCUR Y Y 00138713-2 11f212024 1112r2025 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y WC20945261002 11J212024 1112r2025 X PER OTH- AND EMPLOYERS'LIABILITY Y r N STATUTE ER ANY OFFICER/MEMBER EXCLUDED?ECUTIVE N N f A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ISK DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 8Y DATF, 1.7.25 ��� 4V�e DESCRIPTION OF OPERATIONS J LOCATIONS 1 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#: AC"J?" 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: 11/2/2024-11/2/2025 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ lization(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 An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 Policy#00123482-3 Effective Dates: 11/2/2024-11/2/2025 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Opera- Or Organization(s): tions Where required by written contract or written agree- All operations of the Named Insured. ment. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 [3 Policy#00123482-3 COMMERCIAL GENERAL LIABILITY Effective Dates: 11/2/2024-1112/2025 CG 24 04 05 09 WAIVER OFT N" FER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD LICTS/COMPLETE D 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 03 @ Insurance Services Office, Inc., 2008 Page 1 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#CA2OQ2Q3Q1OO2 Effective Dates: 11/2/202/-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. FLORIDA ADVANTAGE �~��U�U�����8�0 AUTOMOBILE ������� �o��U� ���������U���� ����w�o,�o��m���v��m� ���� w ��o�o����m*��� ��v�~�v-^�� 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 is 1' EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS ~CANCELLAT8ON, Paragraph A.2.is replaced by the following: 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a' 1O days before the effective date of cancellation ifwe 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 UD-LIABILITY COVERAGE A.1.V0HOKS/kN INSURED|o amended by1ha addition o[the hoUow|ng- 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; /2t Coverage does not apply to"accidents"or"loss"that occurred before you acquired or formed the organization;and (3} Coverage does not apply tman organization that|s an''|mmuned"under any other policy or would beon "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 bythe"employee"or a member of his or her household,while performing duties related to the conduct of your business or your personal affairs;mr (2) An"auto"hired or rented under a contract or agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. However,your "employee"does not qualify as an insured under this paragraph (2)while using a covered"auto" rented from you or from any member of the^emp|oyee'm''household. f. Your members, if you are a limited liability company,while using a covered"auto"you do not own,hire,or borrow,while performing duties related to the conduct of your business or your personal affairs. g. Any person or organization with whom you agree in a written contract,written agreement or permit,to provide insurance such as is afforded under this policy,but only with respect to your covered"autos". This provision does not apply, (1) Unless the written contractor agreement is executed or the permit is issued prior to the"bodily injury" or"property domoge^; Includes copyrighted material of Insurance Services Office, Inc. CA717105 08 Page 1of 6 C8 To any person or organization included as an insured by an endorsement or in the Declarations;or (3) To any lessor of^auhoo^unless: (a) The lease agreement requires you ho provide direct primary insurance for the lessor; (h) The^au1o~is 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. h. Any legally incorporated organization or subsidiary in which you own more than 50%of the voting stock on the effective date of this endorsement. This provision does not apply to"bodily injury"or"property damage"for which an"insured"is also an insured under any other automobile policy or would 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 wf this policy. 3. COVERAGE EXTENSIONS-SUPPLEMENTARY PAYMENTS Under SECTION ||-LIABILITY COVERAGE,A.2.a.Supplementary Payments,paragraphs(2)and (4)are deleted and replaced with the following: <2\ Upto$25OO for the cost of bail bonds(including bonds for related traffic law violations)required because ofan^aoc|dent"wecover. VVedo not have io furnish these bonds. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $5O0a day because of time off from work. 4' AMENDED FELLOW EMPLOYEE EXCLUSION SECTION 8U~LIABILITY COVERAGE,B.EXCLUSIONS,paragraph 5.FELLOW EMPLOYEE im deleted and replaced by the following: "Bodily injury"to any fellow"employee"of the"insured"arising out of and in the course of the fellow ^emp|oyee'o^employment nrwhile performing duties related ho the conduct of your business. However,this exclusion does not apply to your"employees"that are officers or managers if the"bodily injury"results from the use ofs covered°auho"you own, hire orborrow. Coverage is excess over any other collectible insurance. 5' HIRED AUTO PHYSICAL DAMAGE COVERAGE AND LOSS K3FUSE EXPENSE A. Under SECTION III~PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following isadded: 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. VVe will provide coverage equal hn the broadest physical damage coverage applicable to any covered"auto"shown in the Declarations, Item Three, Schedule of Covered Autos You Own,oron any endorsements amending this schedule. B. UnderSECTNgNVVV-PHYS|CALDAMAGE COVERAGE,AA.COVERAGE EXTENSIONS,paragraph b. Loss qfUse Expenses is deleted and replaced with the following: b. Loss Of Use Expenses FurHiredAutoPhyoico|Dmmaga.vnewi|| poyexpenaesforwhichan^inmuned'' beoomen|ega||y responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract oragreement. YVe will pay for loss of use expenses if caused by: (1) Other than collision,only if the Declarations indicate that Comprehensive Coverage is provided for any covered^muto"; (2) Specified Causes of Loss,only if the Declarations indicate that Specified Causes Of Loss Coverage ie provided for any covered''auto^;or Includes copyrighted material of Insurance Services Office, Inc. Page 2 of CA 71710588 (3) Collision,only if the Declarations indicate that Collision Coverage is provided for any covered �uto"� However,the most mm will pay for any expenses for loss of use is$3U per day,toa maximum nf $2,000. C. UnderSECTIgN |V—BUS|NESS AUTO CONDITIONS, paragraph 5.b'Other|nsuramce|sd*letedamd replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered"autos"you own- 1. Any covered^muho^you lease,hire, rent or borrow;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^autn''that is leased, hired, rented or borrowed with m driver io not a covered''euto^. nor is any"auto"you hire from any of your"employees",partners(if you are a partnership),members(if you are m limited liability nnmpany).or members nf their households. G' LOAN OR LEASE GAP COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,the following is added: If a covered"auto"is owned or leased and if we provide Physical Damage Coverage on it,vms will pay, hnthe event of a covered total"loss",any unpaid amount due on the lease or loan for a covered"auto", less: /m\ The amount paid under the Physical Damage Coverage Section of the policy;and (b) Any: (1) Overdue lease or loan payments including penalties,interest or other charges resulting from overdue payments at the time of the^|oay^; /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 mrlease; (4) Security deposits not refunded bymlessor; and /5\ Carry-over balances from previous loans orleases. 7' RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A'COVERAGE, paragraph 4.Coverage Extensions is deleted and replaced by the following: 4. Coverage Extensions (a) We will pay up to$75 per day to a maximum of$2000 for transportation expense incurred by you because mf covered''Uoss". VVe will pay only for those covered^auUms^for which you carry Collision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. VVe will pay for transportation expenses incurred during the period beginning 24 hours after the covered"loss" and ending, regardless of the policy's expiration,when the covered"auto"is returned to use or we pay for its"|oes" This coverage iain addition to the otherwise applicable coverage you have on covered^auto" Mn deductibles apply to 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. CA717105 08 Page 3mfG 8. AIRBAG COVERAGE SECTION III-PHYSICAL DAMAGE,B.EXCLUSIONS, Paragraph 3. is deleted and replaced by the following: We will not pay for"loss"caused by or resulting from any of the following unless caused by other"loss"that is covered by this insurance: a. Wear and tear,freezing, mechanical or electrical breakdown. However,this exclusion does not include the discharge of an airbag. b. Blowouts,punctures or other road damage to tires. 9. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: No deductible applies to glass damage. 10. COLLISION COVERAGE—WAIVER OF DEDUCTIBLE SECTION III-PHYSICAL DAMAGE COVERAGE,D.DEDUCTIBLE is amended to add the following: When there is a"loss"to your covered"auto"insured for Collision Coverage,no deductible will apply if the "loss"was caused by a collision with another"auto"insured by us. 11. KNOWLEDGE OF ACCIDENT SECTION IV-BUSINESSAUTO CONDITIONS,A.LOSS CONDITIONS,2.DUTIES IN THE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS, paragraph a.is deleted and replaced bythe following: a. You must see to it that we are notified as soon as practicable of an"accident",claim,"suit"or"loss". Knowledge of an"accident",claim,"suit"or"loss"by your"employees"shall not,in itself, constitute knowledge to you unless one of your partners,executive officers, directors,managers,or members(if you are a limited liability company)has knowledge of the"accident",claim,"suit"or"loss".Notice should include: (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses, 12. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATION) SECTION IV-BUSINESS AUTO CONDITIONS A.5.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is deleted and replaced by the following: If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However, if the insured has waived rights to recover through a written contract,or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing with customers whose customary contracts require a waiver,we waive any right of recovery we may have under this Coverage Form. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, B.GENERAL CONDITIONS,2.CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 6 CA 71 71 05 08 14. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SCHEDULE Description mf Covered "/\uio": Limit of Insurance Deductible $I^000 $250 A. Coverage 1- VVe will pay,with respect toa covered~amto"described |m the above Schedule,for''|oey°hmany electronic equipment that receives or transmits audio,visual ordata signals and that|a not designed solely for the reproduction ofsound. This coverage applies only|f the equipment|spermanently installed in the covered"auto"at the time of the"loss"or the equipment is removable from ahousing unit that is permanently installed in the covered"auto"at the time of"loss",and such equipment is designed tobe solely operated by use ofthe power from the''auto's^electrical system,inur upon the covered"auto". 2. VYe will pay,with respect 0ma covered~euto"described im the above Schedule,for''|ooe"toany 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 ho Physical Damage Coverage,except for the exclusion relating tm Audio,Visual and Data Electronic Equipment,also apply to coverage provided bythis endorsement. |n addition,the following exclusions apply: VVm will not pay,under this endorsement,for either any electronic equipment or accessories used with such electronic equipment that is: Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's" operating system;mr 2. Both: a. An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered"auto";and b. Permanently installed in the opening of the dash or console normally used bythe manufacturer for the installation ofaradio. 3. A device designed or used to detect speed measuring equipment such as radar or laser detectors or a jamming apparatus intended to elude or disrupt speed measurement equipment,whether permanently installed or temporarily mounted inoron the covered^auto^. C. Limit ofInsurance With respect to coverage under provision 14.of this endorsement,the Limit of Insurance provision of Physical Damage Coverage ia replaced by the following: I' The most we will pay for all"loss"to audio,visual or data electronic equipment and any accessories used with this equipment,as described im paragraph A.above,aaa result uf any one'`eco|dont". |e the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the"loss";or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and qum|iby�or C. The amount shown in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. CA717105 08 Page 5mfG 2. An adjustment for depreciation and physical condition will be made in determining actual cash value ad the time of the^loas~. 3- If a repair or replacement results in better than like kind or quality,we will not pay for the amount of betterment. D. Deductible 1' If"loss"to the audio,visual or data electronic equipment or accessories used with this equipment, as described in paragraph A. above, is the result of a"loss"to the covered"auto"under this Coverage Form's Comprehensive or Collision Coverage,then for each covered"auto"our obligation to pay for, repair,return or replace damaged or stolen property will be reduced bythe applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown im the Declarations does not apply to^|osm~b»audio,visual or data electronic equipment caused by fire orlightning. 2. |f~|oas"bo the audio, visual or data electronic equipment or accessories used with this equipment,as described in paragraph A. above, is the result of a"loss"to the covered"auto"under this Coverage Form's Specified Causes ofLoss Coverage,then for each covered''auto"our obligation 10 pay for, repair,return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 3. |f1oss^occurs solely 1othe audio,visual nr data electronic equipment or accessories used with this equipment,ao described in paragraph A.above,then for each covered^oub"our obligation 1opay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Schedule of this endorsement. 4- In the event that there is more than one applicable deductible,only the highest deductible will apply. |nno event will more than one deductible apply. E. When This Provision Becomes Void This provision,AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE,ie void ifCA9y 60,Audio,Visual And Data Electronic Equipment Coverage,is attached to the policy. Includes copyrighted material of Insurance Services Office, Inc. Page @of6 CA 7171 U58B Poicy#OO138713'2 Effective Dates" 11/2/2024'11/2/2025 ����������������� U ������������ LIABILITY POLICY ��v~po�nn�n�~r���mu�u�~ �~�����~�m�� PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy and any underlying insurance(s)carefully to determine rights,duties and what is covered and not covered.Throughout this policy the words "you"and "your"refer to the Named Insured shown in the Declarations and any other person or organization qualifying as an Insured under the"underlying insurance".The words"we"and "us" refer to the COMPANY shown in the DECLARATIONS. Other words and phrases that appear in quotation marks or bold print have special meanings. Refer to the Definitions—Section V. SECT|OMV—EXCESS LIABILITY INSURANCE INSURING AGREEMENT: We will pay those sums in excess of the scheduled"underlying insurance(s)"that you become legally obligated to pay as damages because of injury or property damage to which this insurance applies, provided that the damages would be covered by the scheduled "underlying insurance(s)", or would apply but for the exhaustion of the applicable Limits of Insurance. This policy shall follow the terms, definitions, conditions and exclusions of 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 insurance(s)"conflict with any provisions of this policy, the provisions of this policy will apply. This policy will not in any event provide broader coverage than those provided by the scheduled ^under|y|ng |nounanma(s)^ The amount vve will pay for damages shall not exceed the Limits of Insurance shown imthe Declarations. SECTION X|—LIMITS OFINSURANCE 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 damage, personal and advertising injury arising out of any one occurrence oroffense. 3. The Limit of Insurance shown in the Declarations as the Annual Aggregate is the most we will pay for all damages. 4. The Limits of Insurance of this policy apply separately to each consecutive annual period and bo any remaining period uf less than 12months, starting with the beginning uf the policy period shown in the Declarations, unless this policy is extended after issuance for an additional period of less than 12 months. In that case,the additional period will be deemed part of the last preceding policy period for the purposes of determining the limit of insurance. SECTION III—DEFENSE, INVESTIGATION AND SETTLEMENT The Company will have the right and be given the opportunity to participate in the investigation, defense and settlement ofo|oimsorsuitmagainatyouseekingdamagesbeneuseofinjurybm which this insurance may apply. VVe will have a duty to defend such claims or suits when the applicable limits of insurance in the schedule of"underlying insurance(s)"has been exhausted by payments of judgments, settlements and any costs or expenses subject to such limit. We may, at our discretion, investigate and settle any claims ursuits. Subject to the above provisions, costs incurred by you shall be paid as follows: 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 |naunmnce(s)^. no costs will be payable by the Company. c) 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) |fthemohedu|ad ~under|yinginmunanoe(m)" |ndudedefenoeoomtmandexpensemxv|th|n the limits 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 shall incur and pay, in addition to the applicable Limits of Insurance all costs or expenses we incur. The amount we will pay for damages shall not exceed the Limits of Insurance shown in the policy Declarations. We will have no duty to investigate,defend or settle claims or suits brought against you once the Limits of Insurance of this policy as shown in the Declarations are exhausted, or if claims or suits brought against you are excluded from coverage under this policy. SECTION UV—EXCLUSUONS In addition to the exclusions included in the scheduled "underlying insurance(s)", any endorsed exclusions, or listed herein will also apply to the Limits of Insurance and coverages available under this policy. If there are conflicts in the exclusions of the scheduled "underlying insurance(s)"with any of the exclusions of this policy,the exclusions of this policy will apply. XCO002US08-07 Page 2cfG 1) 0n1 nsuwmd Mmtoriste—this policy does not apply to: Any liability, loss and/or damage, expense, costs, or defense arising out of any: o) Uninsured orUndehnsunsd Motorist law; or b) No Fault Law or similar act mr law; or c) Any automobile accident reparation law. SECTION 0—DEFINITIONS 1. "Underlying |nmurmnme(o)^—means: The policy or policies or self insurance listed in the Schedule of Underlying Insurance forming a part ofthis 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||cy(ies)being renewed or replaced. a) Policies purchased or issued for newly acquired or newly formed organizations shall not bo more restrictive than any uf 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 tobe applicable regardless of |. Any defense which the underlying insurer may assert; ur ||. The |naured's failure to comply with any condition of any such policy; or |||. The insolvency cf the underlying insurer. SECTION V|—CONDUT|ONS If any conditions of the scheduled"underlying insurance(s)"conflict with any conditions of this policy, the conditions of this policy will apply. 1) Maintenance mf Underlying |msuranne(e): You will maintain the"underlying insurance(s)"in full force and effect during the term of this policy, and to inform us within 30 days of any replacement or material change to that "underlying |nmunmnoe(m)~ by the same or any other company. If you do not maintain the"underlying insurance(s)"in full force and effect or fail to meet all conditions,terms and warranties of such "underlying insurance(s)",this policy will apply aa |f those policies were available and collectible. The aggregate limits of the"underlying insurance(s)"shall be unimpaired at the effective date of this policy and,for the purpose of the insurance provided by this policy,only occurrences taking place during the term of this policy shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. If replacement policies provide coverage that is broader or limits of insurance that are |aam those indicated in the scheduled "underlying inmurance(m)"tban this policy will apply as if the terms, conditions and limits of the original scheduled "underlying insurance(s)" were still available and collectible, except insofar as this policy has been endorsed in writing bo reflect such changes|n the"underlying |naumance(o)^ XCO002US08-07 Page 3cfG Your failure hocomply with the foregoing shall not invalidate this policy, but in the event uf such failure,wm shall ba liable under this policy only tu the extent that we would have been liable if you had complied. For the purposes of this policy, if any"underlying insurance(s)" is not available or collectible because of: a. The bankruptcy or insolvency of the underlying insurer(s) providing such "underlying insunanoe(s)"; or b. The inability or failure for any other reason of such underlying insurer(s)to comply with any nf the obligations of its policy; then this policy shall apply(and amounts payable hereunder shall be determined)as if such "underlying inaunanoe(m)''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 basis, except any other insurance written specifically to be excess over this policy. 3) Duties Un the Event wfan Occurrence, Claim, orSuit: You must see to it that we are notified as soon as practicable of an occurrence that may result in a claim for damages or suit under this policy. To the extent possible, notice should include: a) How, when and where the occurrence took place; b) The names, addresses of any injured persons and any witnesses; and c) The nature and location of any injury or damage arising out of the occurrence. If a claim is made,or suit is brought against you,which is reasonably likely to involve this policy,you must notify us in writing, Written notice should be mailed to the Company at the address shown on the Declarations page of this policy. You and any other"insured' must immediately send us copies of any demands, notices, summonses, or legal papers received |n connection with the claim orsuit. In addition, you must authorize us to obtain records and other information, cooperate with us in the investigation, settlement and defense of the claim or suit and assist us upon our request, in the enforcement of any right against any person or organization that may be liable ho you because of injury or damage tm 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 o0 Your 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 XCO002US08-07 Page 4cfG 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 0003 13 (Ed. 4-84) WAIVER OFOUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recoverour payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from 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, Kentuckv, 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 group of classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group nf code classifications. For policies or exposure in Miesouh, 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 of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. This endorsement changes the policy to which it |a attached and is effective on the date issued unless otherwise stated. (The information below io required only when this endorsement ioissued subsequent to preparation of the po|icy.) Endorsement Effective 11/2/2024 Policy No. VVC2OQ452G1OO2 Endorsement No.O insured Pedro Falcon Electrical Contractors Inc. Pnemium$ Insurance CompanyAmerisura Mutual Insurance Company Coum1em|gnedby WC 00 03 13 Hart Forms«Services (Ed. 4-84) Copyright 19axNational Council on Compensation Insurance. Reorder No.14-4888 Policy#WC20945261002 Effective Dates: 11/2/2024-11/2/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US Number of Days Notice 60 For any statutorily permitted reason other than nonpayment of premium,the number of days required for notice of cancellation is increased to the number of days shown in the Schedule above. If this policy is cancelled by us we will send the Named Insured and any party listed in the following schedule notice of cancellation based on the number of days notice shown above. SCHEDULE Name of Person or Organization The Name of Person or Organization is any person or organization holding a certificate of insurance issued for you, provided the certificate: 1. Refers to this policy; 2. States that notice of: a. Cancellation; b. Nonrenewal;or c. Material change reducing or restricting coverage; will be provided to that person or organization; 3. Is in effect at the time of the: a. Cancellation; b. Nonrenewal;or c. Material change reducing or restricting coverage;and 4. Is on file at your agent or broker's office for this policy. Mailing Address The Mailing Address is the address shown for that person or organization in that certificate of insurance. IL 70 45 05 07 MONROE CO CONTRACT CHANGE O PROJECT TITLE: Rowell's Waterfront Park Redevelopment CHANGE ORDER NO: 01 Phase II Reduced Scope BOCC MEETING DATE: 06/10/2026 CONTRACT DATE: 07/16/2026 TO CONTRACTOR: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 The Contract is changed as follows: The original(Contract Sum) (Guaranteed Maximum Price)..................................... $2,918,545.00 Net change by previously authorized Change Orders.................................................... $ 0.00 The(Contract Sum) (Guaranteed Maximum Price) prior to this Change order was....... $2,918,545.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased (decreased) (unchanged) by this Change Order................... $ 603,445.87 The new(Contract Sum)_(Guaranteed Maximum Price) including this Change Order is. $3,521,990.87 The Contract Time will be(increased (decreased) (unchanged)by........................... 248 days The date of Substantial Completion as of the date of this Change Order is ................. 10/31/2026 Detailed description of change order and justification: The County received a CD G-CV/ grant from .Florida Commerce to redevelop Rowell Waterfront Park. The on inal bids came in much hi her than the grant amount and the Counlyworked with the lowest bidder Pedro Falcon Contractors Inc. to reduce the scope of work to meet the budget constraints, The work of this Chan e Order as in the ofiq inal desi n but was removed due to the limited bud et: A,accent grant increase of over L2 million from Florida Commerce has enabled des n u dates and the ability to add items back into the sco e of work. This Change Omer includes the purchase and installation of Musco lighting equipment for use at a new multi- use field. An additional 248 days are be62g added to the contract due to this work,and also tare antics ated addition of more work duc to the grant increase. The previous substantial corn letion date was February 25, 2026. Change order is 20.7%of on inal contract glice. Not valid until signed by Owner Architect/En sneer if applicable).and Contractor ARCHITECT/ENGINEER: 6/5/26 LandDesign, Inc, „ Pr._ Date CONTRACTOR: f, r �w r�� Pedro Falcon Contractors, Inc. Date (SEAL) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ATTEST: KEVIN MADOK, CLERK By: By: Mayor/Chairperson As Deputy Clerk MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM v .... TMcouNTYArronNEY DATE: Change Order Attachment per Ordinance No. 005-2023 • Change Order was not included in the original contract specifications. Yes ® No ❑ If Yes, explanation: The work of this Change Order was in the original design but was part of the work that was removed due to the limited budget. A recent grant increase of over $2 million from Florida Commerce has enabled design updates and the ability to add items back into the scope of work. This Change Order includes the purchase of Musco lighting equipment and installation by the Contractor for a new multi-use field. An additional 248 days are being added to the contract due to this work and also the anticipated addition of more work due to the grant increase. • Change Order was included in the original specifications. Yes ❑ No If Yes, explanation of increase in price: • Change Order exceeds $100,000 or 5% of contract price (whichever is greater). Yes ® No ❑ If Yes, explanation as to why it is not subject for a calling for bids: A recent grant increase of over$2 million from Florida Commerce has enabled design updates and the ability for the County to add items back into the scope of work that were originally removed due to budget constraints. Seeking other bids would not result in any savings to the County as the project is under active construction and the Contractor is currently onsite. • Project architect approves the change order. Yes ® No ❑ If no, explanation of why: • Change Order is correcting an error or omission in design document. Yes ❑No Should a claim under the applicable professional liability policy be made? Yes ❑ No Explain: CHANGE ORDER SPREADSHEET Change Order#: 1 POO#: PCO#003 Date Submitted: 6/3/2026 BASIS OF ESTIMATE: 1 No overhead on Bulders Risk Insurance Overhead by definition includesinsurance expense,(Sec 00750,724) 6�i /GJJ�A)3J7��p7Jl7 Jl��iJlL1� �9AA61i � 3% 21fSub perkems work;GC Can only charge 5%for Menagement)Sec 44756, 24#2) 7 Sec 007507.42.4".so ofsmall took smcludedn overhead 3 lfwork h,self:.performed,on(y 5%everhead'and 5%Profit allowed(Sec 44750,7,2,4#2) 4 W hen both increases/decreases;markups shall be calculated using net total.(Sec 00750,7.2.4) 5 Direct Carts are considered overhead and are not entitled to percentage markups(Sec.00750,7.2.4) ADDITIONAL WORK CALCULATED MARKUPS CONTRACTOR EXPENSES/DIRER COSTS ITEM DESCRIPTION UOM CITY UNITPRICE SUBTOTAL(S) 5%OVERHEAD' 5%PROFIT" TOTALS HauloffSpoik load 1 $2,500.00 $2,500.00 $2,500.00 Landscape Repa irs from Late lnsall load 1 $2,500.00 $2,500.00 $2,500.00 Debris Removal load 1 $500.00 $500.00 $500.00 Miscellaneous Materiak lump sum 1 $5,250.00 $5,250.00 $393.75 $5,643.75 Fool gallons 1500 $5.00 $7,500.00 $7,500.00 Underground Boxes lump sum 1 $7,500.00 $7,500.00 $7,500.00 Drawings lump sum 1 $250.00 $250.00 $250.00 Subtotal $26,666.00 $393,75 %$1,300,00 $1,300,00i $28,993.75 CONTRACTOR DIRECT WORK ITEM DESCRIPTION UOM CITY UNITPRICE SUBTOTAL(S) 5%OVERHEAD' 5%PROFIT" TOTALS Switchgear installation lump sum 1 $6,220.00 $6,220.00 $466.50 $6,220.00 Lighting Installation lump sum 1 $37,050.00 $37,050.00 $2,778.75 $37,050.00 LABOR HOURS RATE Forman Hours loaded hourly 182.385 $104.74 $19,103.20 $19,103.20 Journeyman Hours loaded hourly 1215.9 $104.74 $127,355.80 $127,355.80 Traveling Pay Rate loaded hourly 480 $69.00 $33,120.00 Subtotal $222,849.001 $3,245,25 $11,142.45 $11,142,45; $248,379.15 SUBCONTRACTED WORK ITEM DESCRIPTION UOM CITY UNITPRICE SUBTOTAL(S) , 5%MANAGEMENT"' TOTALS Masco Lighting Foundation to Poletop Lighting System lump sum 1 $299,276.86 $299,276.86 $299,276.86 Subtotal $299,276.861 %$14,963,84 $314,240.70 CONTRACTORS BONG I CHANGE ORDER SUBTOTAL ITEM DESCRIPTION TOTALS P&P Bond @ 2% $591,613.60 Subtotal $11,832.27 Subtotal $591,613.60 S.les Tax $3,639.00 Overhead at 5% $12,442.45 Profit at 5% $12,442.45 Management at 5% $14,963.84 CHANGE ORDER GRAND TOTAL $603,445.87 PEDRO FALCON J / CONTRACTORS, .I 31160 Avenue C, Big Pine Key, FL 33043-4516 (305)672-2200-Fax(305)672-2219 EC 13003416 l CGC 1507617 www.pedrofalcon.com Request for Change Order Revised 03 June 2026 Project: Rowells Phase II- Reduced Scope PCO Number: 003 Description: Musco Lighting Only Musco Lighting F&I Bases, Poles, Fixtures, Controls, Receptacles.........................................$299,276.86 SubtotalSubcontractors...............................................................$299,276.86 Pedro Falcon Excavation, Raceways, Wiring, Switchgear, Etc..............................................$243,349.00 Hauloff Spoils.......................................................................................................$2,500.00 Landscape Repairs from Late Install....................................................................$2,500.00 DebrisRemoval........................................................................................................$500.00 SubtotalPedro Falcon..................................................................$248,849.00 Overhead @ 5%.............................................................................$12,442.45 Profit @ 5%...................................................................................$12,442.45 ManagementFee..............................................................................$14,963.84 SalesTax ($48,520.00 x .075)...........................................................$3,639.00 SUBTOTALTOTAL COST..................................................................................$591,613.60 Payment&Performance Bond @ 2%..................................................................$11,832.27 Time Extension: To Be Determined or Included in Future Change Order Total Requestfor Change Order Amount:...................................$603,445-87 Page 1 of 2 Industrial-Commercial-Institutional-Residential-Utility Established 1984 This proposal is based upon the following: It is understood and a condition of this Request for Change Order that it is understood and agreed by all parties that.the County has recently been approved for a grant at Rowells Park with limited timeframe for completion. It is understood there will be additional scope added to the project once revised plans are completed that are not a part of this change order request as they are currently unknown. The purpose of this request for change order is to allow for the procurement of the long lead item (Musco Lighting) and associated items. This request for change order is very specific to those items listed and represents only the direct costs associated with the procurement and installation of the Musco Lighting scope identified herein.Any effect on Time,Delay, General Conditions, impacts, inefficiencies, acceleration, sequencing, access, or any other items other than specifically included above will be addressed in a future request for Change Order. This request does not negate, waive, or release any future claims related to anything beyond the scope specifically included in this request. Contractor expressly reserves all rights to seek additional compensation and/or time for impacts resulting from this change,pending design revisions, or any directives issued after the date of this request. This Change Order does not represent a full and final agreement for all costs or impacts associated with this scope, and acceptance shall not be construed as a waiver of any current or future claims. • Any work not specifically included above is specifically excluded. • Permit Fees are specifically excluded from this proposal • Contractor reserves the right to request a time extension and associated costs once the full impact of this change and pending design revisions are known. • This Change Order is based on current preliminary information, and any revisions to design, scope, sequencing, or access shall be treated as additional changes and priced accordingly. • The Musco Lighting proposal (attached) is the design that is included in this Request for Change order. Respectfully Submitted, Ken Bygler Project Manager Page 2 of 2 Lighting Total Material Total Costs Manhours $ 37,050.00 1102.50 MANHOUR ITEM# DESCRIPTION NO. UNIT MAT.UNIT COST MAT.COST MH'S!UNIT S 1 Cabinet installation 5 EACH $ 50.00 $ 250.00 10 50.00 2 receptacles Cover/Box 6 EACH $ 125.00 $ 750.00 2.5 15.00 3 Underground boxes 7 EACH $ - 10 70.00 3 PVC Glue Quart w/brush top 4 EACH $ 50.00 $ 200.00 0.000 0.00 4 Stplit bolts with heat shrink 40 EACH $ 35.00 $ 1,400.00 0.5 20.00 5 3/4"X 10'cu clad grd rods 5 EACH $ 50.00 $ 250.00 4.000 20.00 6 Cadweld/connect 3/4"grd rods 5 EACH $ 50.00 $ 250.00 1.000 5.00 7 Excavate for 1-2"PVC conduits 1000 FEET $ 5.00 $ 5,000,00 0.500 500.00 8 2"Sch 40 PVC conduit 3000 FEET $ 2.0000 $ 6,000.00 0.060 180.00 9 2"Sch 40 Ell&Coupling 50 EACH $ 25.00 $ 1,250.00 0.200 10.00 10 2"Sch 40 Fitting 200 EACH $ 5.00 $ 1,000.00 0.1801 36.00 11 #8 AWG THWN CU WIRE 2000 FEET $ 0.75000 $ 1,500.00 0.01 20.00 12 #6 AWG THWN CU WIRE 1000 FEET $ 1.00000 $ 1,000.00 0.012 12.00 13 #4 AWG THWN CU WIRE 2000 FEET $ 1.50000 $ 3,000.00 0.014 28.00 14 #3 AWG THWN CU WIRE 6000 FEET $ 2.00000 $ 12,000.00 0.016 96.00 15 #1 AWG THWN CU WIRE 500 FEET $ 2.50000 $ 1,250.00 0.02 10.00 16 Layout 1 EACH $ 1,500.00 $ 1,500.00 8 8.00 17 cation tape 1000 FEET $ 0.30 $ 300.00 0.01 10.00 18 Pullstring 5000 FEET $ 0.03 $ 150.00 0.0025 12.50 Switchgear Total Material Total Costs Manhours $ 6,220.00 103.40 MANHOIM ITEM# DESCRIPTION NO. UNIT MAT.UNrr COST MAT.COST MHIS 1 UNIT I m..;o contacctor I EACH $ 1,000.00 $ 1,000.00 40.00 40.00 2 Gravel 4 EACH $ 1,000.00 $ 4,000.00_ 10.00 40.00 3 3"GRS Conduit 20 FEET $ 20.0000 $ 400.00 0.250 5.00 4 3"GRS Term 4 EACH $ 25.00 $ 100.00 1.500 6.00 5 3"GRS E11&Couphng Uoistrafs 4 EACH $ 150.00 $ 600.00 2,500 10.00 3"CIRS Support EACH 1$ 50.00 1.$ 120.001 1.000 2.40 Labor%of SHEET NO.AND DESCRIPTION Materials Labor Hours Material%of cost cost LIGHTING $ 37,050.00 1102.50 85,1311111 PO 6"Y"a Branch Power $ - 0.00 (I 001VI, 6,601y, Switch Gear $ 6,220.00 103.40 H.291A GENERATOR $ - 0.00 41 fl0% 0,0)1y, Fire Alarm $ 0 41 of➢Q°/<, J 001y', Security Systems $ 0.00 41 0fli ;w Comm.tData $ 0 ('00"XI CCTV $ 0 61(J011/, Lightning Protection $ 0.00 61e0 / Public Address $ 0.00 Cathodic Protection $ 0.00 Misc. $ 250.00 10.00 w'1 h 811:"% TOTAL MATERIAL&MANHOURS $ 43,520.00 1215.90 100.00% 100.00% MISCELLANEOUS MATERIAL $ 5,000.00 SUBTOTAL MATERIAL $ 48,520.00 TAX ON MATERIAL(7-1/2%) $ TOTAL MATERIAL COST $ 48,520.00 FOREMAN HOURS @$RATE $ 75.90 182.385 $ 13,843.02 JOURNEYMAN HOURS @$RATE 1215.90 $ 92,286.81 LABOR HOURS @$RATE TRAVELING PAY $ 50.00 TRAVEL 1 NON PRODUCTIVE J OVERTIME $ DIRECT LABOR-TOTAL COST $ 130,129.83 PAYROLL TAXES&INS.-RATE 38% $ 49,449.34 PERMIT AND INSPECTION FEE $ - EQUIPMENT 1 $ FUEL(GALLONS @ RATE) 1500 $ 5.00 $ 7,500.00 TELEPHONE $ FREIGHT EXPRESS AND CARTAGE $ SPECIAL EQUIPMENT $ DRAWINGS $ 250.00 SANITARY $ $ EXPENSES,LODGING.MEALS $ PROJECT TRAVEL(#OF TRIPS @ RATE) $ TOOLS(%OF LABOR) 0% $ TOTAL JOB EXPENSE $ 57,199.34 TOTAL PRIME COST(MATERIAL/LABOR/JOB EXP.) _ $ 235,849.17 OVERHEAD% 0% $ $ 235,849.17 SUB-CONTRACTOR QUOTES 'Musco Sport Lighting Concrete poles for security APS Underground Boxes(ESI) $ 7,500.00 Gear Package Craig Lighting Package(SeanlJim/Sesco) Lighting Package Pole bases SUB-CONTRACTOR TOTAL $ 7,500.00 Tax 0% $ Taxes Included $ _ SUB-CONTRACTOR GRAND TOTAL $ 7,500.00 Sub Contractor Mark up 0% 0.00 7,500.00 TOTAL NET COST $ 243,349.17 PROFIT% 0% $ _ SUBTOTAL $ 243,349.17 BOND 0% $ SELLING PRICE 75 miles 1,36 hours Fuel Traveling Trucks 2 Workers 4 Total gallons per trip 10 Cover one way man/trip 2 Gallons per week 100 Total man/hours per week 40 Per month 400 Total man/hours per month 160 Per Three Month 1200 Total man/hours per 3 month 480 1. SELLER NAME AND ADDRESS: 2. BUYER NAME AND ADDRESS: Musco Sports Lighting, LLC ("Musco") Pedro Falcon Contractors, Inc. (the "Buyer") 211 2nd Avenue West— PO Box 808 31160 Avenue C Oskaloosa, IA 52577 Big Pine Key, FL 33043 Attn: Josie Sanger Attn: Ken Bygler Email:josie.sanger@musco.com Email: kenbygler@bellsouth.net Telephone: 641-673-0411 Telephone: 305-872-2200 800-825-6020 Ext 4103 3. OWNER NAME AND ADDRESS: 4. SHIPPING NAME AND ADDRESS: Monroe County Rowell's Waterfront Park 1100 Simonton St. 104550 Overseas Highway Key West, FL 33040 Key Largo, FL 33037 Attn: John Allen Attn: Chuck Floyd Email: Allen-John@MonroeCounty-FL.Gov Email: ecsinc25@aol.com Telephone: 305-304-6711 Telephone: 786-412-0752 5. WARRANTY CONTACT: 6. FACILITY NAME AND ADDRESS: Monroe County Rowell's Waterfront Park 1100 Simonton St. 104550 Overseas Highway Key West, FL 33040 Key Largo, FL 33037 Attn: John Allen Email: Allen-John@MonroeCounty-FL.Gov Telephone: 305-304-6711 7. INVOICES: Please remit invoices to: Pedro Falcon Contractors, Inc. 31160 Avenue C Big Pine Key, FL 33043 Attn: Email: Telephone: 8. EQUIPMENT DESCRIPTION — Musco shall sell, transfer, and deliver to Buyer, and Buyer will purchase, accept, and pay for the following goods (the "Equipment") in accordance with the "Total Price" paragraph of this Agreement: Light-Structure SystemTm Foundation-to-Poletop Lighting System • 8—Total Light Control®TLC-LED-900 factory-aimed and assembled luminaires • 11 —Total Light Control®TLC-LED-1200 factory-aimed and assembled luminaires • Pole length factory assembled wire harnesses • Factory wired and tested remote electrical component enclosures • 5- 70ft galvanized steel poles • 5 - Pre-cast concrete bases with integrated lighting grounding With Controls • Control-Link®control and monitoring system to provide remote on/off and dimming (high/medium/low)control and performance monitoring with 24/7 customer support Additional Items • 5—GFCI receptacles Built to the following specifications: • Driver input voltage: 240 • Phase to pole: Single phase • Structural integrity: based upon 2023, FBC, 180mph, Exposure D • Light Ievel(s): 23 footcandles Page 1 of 7 9. RESPONSIBILITIES OF THE BUYER AND/OR THIRD PARTY—Buyer/Third Party agrees to: Refer to responsibilities listed in the Installation Scope of Work in Exhibit A. 10. MUSCO CONTROL-LINK° CONTROL SYSTEM — Musco agrees to provide design and layout for the control system. Control-Link CentralTM customer support services: commission the system; monitor and report system alarms; provide automated facility management reports; provide on-off schedules via Control-Link Central app or website, email, phone call or fax; and provide technical support 24 hours a day, seven days a week. 11. MUSCO SERVICES—Musco agrees to provide, itself or through its subcontractors,design, layout,testing and commissioning for the Equipment and the following (collectively, the "Services"): Installation —refer to the Installation Scope of Work in Exhibit A. 12. CONSTANT 25 TM WARRANTY — CONTROL AND MONITORING PROGRAM (the "Warranty") — Musco shall provide parts, labor, and services as outlined in the Musco Constant 25 Warranty Agreement to maintain operation of lighting equipment for a period of 25 years on the following terms: • Warranty service begins: on the date of product shipment • Expiration date: 25 years from date of shipment • Services: control, monitoring, and maintenance • Light levels: as specified in Musco design documents • Spill light control: as specified in Musco design documents • Energy consumption: as specified in Musco design documents 13. TOTAL BASE PRICE — Buyer will pay for the above-described Equipment and, if applicable, Services. The Total Price of$299,276.86 includes sales tax and pre-shipment of bases and is payable as follows. :opy $299,276.86 within 30 days from invoice date A of the payment and performance bond (if applicable) is required prior to shipment. Monthly progress invoicing and payments will apply. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Price includes delivery, unloading, and pole in the air installation to the address indicated in item #4 of this Agreement. Price does not include electrical installation. Payments not paid when due are subject to a carrying charge for each month past due or will be pro- rated for the portion of the month there is an unpaid balance. Carrying charges shall accrue in the amount of one- and one-half percent (1.5%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less. Source of Funds: Buyer agrees that Buyer's payment to Musco is not contingent upon Buyer getting paid by the Owner/End User. Buyer may not hold back or set off any amounts owed to Musco in satisfaction of any claims asserted by Buyer against Musco. No partial payment by Buyer shall constitute satisfaction of the entire outstanding balance of any invoice of Musco, notwithstanding any notation or statement accompanying that payment. The Total Price was calculated utilizing parameters outlined in the project specifications. In the event soil conditions vary from those relied upon, or if the soil cannot be readily excavated, Buyer shall be responsible for Musco's additional associated costs, including but not limited to the cost of design, alternate foundations, additional materials, and labor. Page 2 of 7 14. TAXES — Buyer shall pay all applicable state and local sales taxes, use or any similar tax invoiced appropriately by Musco. ® Taxable ❑ Non-Taxable (Copy of resale or exemption certificate must be attached. Note: Just holding a sales tax permit does not, in and of itself, qualify for a non-taxable sale.) 15. PAYMENT/PERFORMANCE BONDING— Is there a bond on this project? ❑ Yes ❑ No Principal Bond Holder: Bonding Company Name: Bonding Company Address: Bonding Company Address Phone Number: Bond Number: 16. DELIVERY—Normal delivery to the shipping address indicated above is 8 weeks after submittal approval or release of order, if later. If the Equipment is shipped in multiple lots, Musco shall prepare a separate invoice for the price of the Equipment shipped at the time of each shipment. Buyer shall pay the amount of each such invoice upon the same terms as set out in the "Total Price" paragraph of this Agreement. All deliveries shall be made by means of a common carrier or some other reasonable means chosen by Musco. All risk of loss to Equipment sold shall pass to Buyer upon Musco's substantial completion of the Services. Delivery is subject to Buyer maintaining credit satisfactory to Musco. Musco may suspend or delay performance or delivery at any time pending receipt of assurances, including full or partial prepayment or payment of any outstanding amounts owed adequate to Musco in its discretion, of Buyer's ability to pay. Failure to provide such assurances shall entitle Musco to cancel this contract without further liability or obligation to Buyer. 17. NO RETAINAGE/WARRANTY—Buyer acknowledges payment in full is required within the agreed terms. Warranty claims and back charges shall not be deducted from contract payments without prior approval of Musco's Warranty Department (877-347-3319). Musco's Equipment and its performance are sold subject to Musco's written warranty. The Warranty provided by Musco shall be in lieu of all other representations, warranties and conditions of any kind, in respect of the Equipment or the Services and Musco disclaims any other representation, warranty or condition whatsoever, whether written or oral, express or implied, statutory or otherwise, including, but not limited to, the implied warranties and conditions of merchantability and fitness for a particular purpose. Buyer acknowledges that any warranty and/or maintenance guarantee contained within payment/performance bonds issued on Musco's behalf pursuant to this Agreement and the corresponding liability on behalf of the issuing surety shall apply only to the first 12 months of any warranty and/or maintenance obligation of Musco specified in the written Warranty to be delivered to Buyer. The balance of any warranty and/or maintenance obligation greater than 12 months shall be the sole responsibility of Musco and shall not be guaranteed by a third party. 18. EXCLUSION OF SPECIAL DAMAGES — In no event shall Musco be liable for incidental, special or consequential damages, including without limitation lost revenues and profits, in respect of this Agreement or the Equipment and, if applicable, Services provided hereunder. 19. LIMITATIONS PERIOD—Unless otherwise specified in the Warranty to be delivered to Buyer, any action or proceeding against Musco arising out of or relating to the Equipment or Services will be forever barred unless commenced within the earlier of: (a) one (1) year after delivery of the Equipment or if applicable, completion of the Services; or (b)the period prescribed by the applicable statute of limitation or repose. Page 3 of 7 20. SECURITY AGREEMENT— In consideration of the promises contained herein, Buyer hereby grants and conveys to Musco,to secure payment and performance of all obligations in full,a purchase money security interest in the Equipment, including all repairs, replacements and accessions thereto and proceeds thereof(collectively referred to as the "Secured Property"). Buyer hereby irrevocably authorizes Musco at any time to register in any registration office in any province (including personal property registries and if applicable, land titles or real property registries) any initial financing statements, financing change statements, notices of security interest or other documents relating to this security interest or this transaction. Buyer further agrees to promptly furnish any information requested by Musco to effectuate the terms of this Agreement. Buyer further agrees to execute any document reasonably required by Musco to perfect the security interest granted herein and to assure the preservation, priority, and enforcement of such security interest. Buyer agrees that value has been given for this security interest and that the parties have not agreed to postpone the time for attachment of the security interest. 21. DEFAULT—Each of the following shall constitute a default ("Default") under this Agreement: a)failure to pay, in full,any payment when due hereunder; b)Buyer becomes the subject of a bankruptcy, receivership or insolvency proceeding; c)any warranty, representation or statement made or furnished to Musco by or on behalf of the Buyer proved to have been false in any material respect when made or furnished; d)loss, theft, damage, destruction or encumbrance to, or of, the Secured Property or the making of any levee, seizure or attachment thereof or thereon prior to payment in full; or e)the occurrence or non-occurrence of any event or events which causes Musco, in good faith, to deem itself insecure for any reason whatsoever. 22. REMEDIES UPON DEFAULT— In the event of Default, Musco may, at its option, and without notice or demand: a)declare the entire unpaid balance owing hereunder due and payable at once; b) proceed to recover judgment for the entire unpaid balance due; c) exercise all rights provided to Musco under this Agreement, any applicable personal property security act (or similar legislation), at law or in equity including but not limited to entering the Buyer's premises and taking possession of the Secured Property. All the remedies described herein are cumulative and may be exercised in any order by Musco. Buyer agrees to pay all costs (including reasonable attorney's fees and court costs) incurred by Musco in disposing of the Secured Property and collecting any amounts owing hereunder, and such costs shall be part of the obligations secured hereunder. 23. FORCE MAJEURE—Musco shall not be liable for delays or failure to perform in respect of the Equipment or the Services due, directly or indirectly, to (i) causes beyond Musco's reasonable control, or (ii) acts of God or nature, acts(including failure to act)of any governmental authority,wars(declared or undeclared), strikes or other labor disputes, fires, and natural calamities (such as floods, earthquakes, storms, epidemics). 24. EEO COMPLIANCE — When applicable, Musco and Subcontractor shall comply with the EEO Clause in Section 202 of Executive Order 11246, as amended, which is incorporated herein by specific reference. When applicable, Musco and Subcontractor shall abide by the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals on the basis of disability and against qualified protected veterans and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and qualified protected veterans. 25. CONDITIONS OF AGREEMENT a. APPLICABLE LAW — This Agreement shall be governed by the laws, including the Uniform Commercial Code, adopted in the State of Iowa as effective and in force on the date of this Agreement. b. EXPENSES/REMEDIES—Buyer shall pay to Musco the reasonable expenses, including court costs, legal and administrative expenses, and reasonable legal fees (on a solicitor and client basis), paid or incurred by Musco in endeavoring to collect amounts due from Buyer to Musco. It is further understood that if Buyer does not make a payment as due, Musco has the right to forward appropriate notices or claims on jobs with owners, bonding companies, general contractors, or the like, as deemed appropriate by Musco. Page 4 of 7 c. ENTIRE AGREEMENT— This Agreement, the written Warranty to be delivered to Buyer, and any invoice issued by Musco pursuant to this Agreement constitute the entire agreement between the parties and supersede all prior statements of any kind made by the parties or their representatives. No representative or employee of Musco has any authority to bind Musco to any term, representation, or warranty other than those specifically included in this written Agreement or the written Warranty to be delivered to Buyer in connection with this Agreement. This Agreement may not be amended or supplemented except by written agreement executed by Musco and Buyer. d. ACCEPTANCE—This Agreement is subject to the approval of Musco's Credit Department and the written acceptance of this Order by Musco. "edro II': Ilcoiq Contractors, Iinc MUSCO SPORTS LIGHTING, LLC Acceptance Acceptance Date Date Signature Signature Name and Title Name and Title Please remember to return all pages of this agreement. Page 5 of 7 EJ EMM MMEMIMMEEMMM IIIIII IIIII IIII IIII IIIII IIIII II�1 IIIIIIII IIII Rowell's Waterfront Park Key Largo, FL Pole in the Air Scope of Work Pedro Falcon Contractors, Inc Responsibilities General: 1. Complete access to the site for construction utilizing 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by your local utilities. (i.e., water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field) 4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water table, collapsing holes, etc.)or soils not defined in geo-technical report. Standard soils are defined as soils that can be excavated using standard earth auguring equipment. 5. Provide a source of water such as a fire hydrant or 2"water light for foundation excavation. Pay for any and all fees associated with the water access and usage 6. Pay any power company fees and requirements. 7. Obtain and pay for any required permits. 8. Provide an area on site for the disposal of spoils from the foundation excavation. 9. Provide area on site for dumpsters. 10. Survey pole locations per the layout and aiming diagram, to be provided Electrical: 1. Provide labor, materials, and equipment to install new electrical service panels as required. 2. Provide labor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and terminate wiring as required. 3. Complete electrical installation per Musco Control System Summary and Musco Best Practices: Supply Wiring Installation document. If there are any discrepancies between Musco documents and electrical plans (if present), notify your Musco contact. 4. Underground splices are strongly discouraged. If underground splicing is required per the electrical plans, use only listed connector systems, rated for wet locations. 5. Provide as-built drawings upon completion of installation. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, wire harnesses, fixtures, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2023 FBC Table 1806.2. 5. Assist our installing subcontractor and ensure our responsibilities are satisfied. Musco Subcontractor Responsibilities General: 1. Contact your local udig for locating underground public utilities and then confirm they have been clearly marked. 2. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities. 0000 2019,2023 Musco Sports Lighting,LLC Date:4/16/2026 Project#218768, Page 1 of 4 M-3219-en04-10 EJ EMM MMEMIMMEEMMM IIIIII IIIII IIII IIII IIIII IIIII II�1 IIIIIIII IIII 3. Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery. Control and monitoring cabinets will need to be given to on-site customer representative. 4. Provide storage containers for materials (including electrical components enclosures) as needed and waste disposal. 5. Provide adequate security to protect Musco delivered products from theft, vandalism, or damage during installation. 6. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. 7. Confirm the existing underground utilities and irrigation systems have been located and are clearly marked so as to avoid damage from construction equipment. Repair any such damage during construction. 8. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. 9. Complete and submit Musco provided closeout checklist including required pictures. Foundations, Poles, and Luminaires: 1. Mark and confirm pole locations per the aiming drawing provided. If there are any issues, immediately notify your Musco Project Manager. 2. Provide labor, materials, and equipment to install LSS foundations as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor, materials, and equipment to assemble Musco TLC-LED fixtures, electrical enclosures, poles, and pole harnesses. 5. Provide labor, equipment, and materials to erect dressed LSS poles and aim utilizing the pole alignment beam. 0000 2019,2023 Musco Sports Lighting,LLC Date:4/16/2026 Project#218768, Page 2 of 4 M-3219-en04-10 Rowell's Marina Park Key Lary.,FL LIGHTING SYSTEM stmavrein stmavreNeigM1t reQty aad circuit 9 19 19.06 kW cr<mt Qe=urrotim, — reQty Ww Circuit source 1 0 1 0 L. Q—Aity ersPec Lne ge PerF are 190 in tor) AnlVriax sluAe PM1ase Voltage 20tl 220 200 2>% 34] 3tl0 Gtl0 (W) (W) (W) (12 (W) (W) (W) Light Level Surnrnary Grid Naine Calculation Metric —Ni Ave/Mi Circuits ix re Qty 1. tlela(by FLLure] teed Performance.Th,-LUMIN—Ndescribed above G guraranteed per your Musc.Warranty document. Field Measurements:individual field measurements may vary lr.m c.mputercalculated preditti.ns. Electrical Requiremems: Reter t.Amperage l.aw CM1art a,d/nd/.r the"Masco Lomrol System Summary" electrical sizing. stallmion Requiremenu: Results assumet3Yo Rage at line side.!the driver and struttures 1.aced vntbin 3(esL(lm).(design l.ati.ns. musc , We IRake ut Happen, n, ENGINEERED DESIGN By: •File#218768C•21-Apr-26 «ure Rowell's Marina Park FKeV Latgo,FL M 5'a Ll LLI 9W I I SPa<aP 5 12Oo E % o Ne M 5 k 19 SH PLnvc Fcftl licfst[glt of- fwarcastnwr • • tl .......rmruwmu v U '=..... .�®s ~~...- • 2� �� �a r uc(aap« v�6 - 0 a. ae ,' No.oraom N so i16 22 27 27 28 28 27 35 32 36 28 28 33 27 27 26 19 —E eF19 omm�no mea Loan. 18 21 24 28 29 30 34 33 35 36 35 32 31 22 25 22 d - Guaranteed Performam M1 ON tlescr bed above guaranteed pe'yourM tlas rements • � L 11 16 21 26 27 29 30 31 36 34 35 31 26 21 18 F em aa--a ntl r uorn P tl p a- V 4 co eo ro mpera 7 11 14 21 27 32 29 30 32 37 34 28 24 716 ror ei M1 °�O a votage ar��e:me onbetlr�era�a atraaarea loaletl wtM1 n3(eat(lm)o(tles gn local ons. 4 6 S 13 20 32 33 37 1,31 29 33 32 32 24 PS�rnrn r7r�r� 2 3 4 S 15 20� -,S.T ,,,,m,.. 1 1 2 3 4 ti x:. .................................... 9 1 ��' "l"1�- �' ,'' 4 ,i L ,„.. 1 •a Tr w.,. g I:rn °1d°1°101010101° °U°I°U°1°10101°L ��. o.n--T-o-.doF no o..n.o.° o 0 o° • o�o�°�°_1.°�°�o�.:� o�o�o�o.°�o�o�o�o�� ms , senLc iM FEET3:6O We o e o�omai c= are reiaa�e a II Ut Happen, m o,o rerere�<e ooi rni a�e? o' so' 12o arma�a roa,�ar orMa,m aoort,a­a<.arc. ENGINEERED DESIGN By: •Pile#218768C•21-Apr-26 = LLC Rowell's Marine Perk Key Largo,FL SRlsl Xn o Line Spa<irq:30 Sran Average.4 ntl 2 16 CP p., 0 01-0 02 004 004 0.oa...0.02 0,04 0,11. 0.11....A 08 0105 0.O41 o.06_"13 0 06 0 05 0.07 o.00....0 04 o 02 o 00 0,00 0,00 O X/ 6 0 �l���J rare 0.01 O �.�m O ,..��—•—:I P2". "'�..,� Aso P3.... xu o "."^—' uaranxeed redoaoaace me uum rvanory de:crroed anove 0.01 . .�."`—�........ _---..,--.," 0 0 �s¢ —1,,ed Per vowm d mem. T 0 Ix ~........ 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O004 O,CI fI �flfj ITrTTrT �. 8 Ij fI M 0 0 0 0 O�J o.0; �nn o o � o.00 o flfl fl fl fl O,CI fI ono fl,Clfl 1:0Do fl J° JLLOJOL -.hlo.bII a f l a f f Vfl: a f f 0.00 o.00 a f f a f:0 ff ff ff f f 000o.00 a 1fl°i 0°1o°.00 00 o.o fl@ f 0.00'LIIII ms . SCALE IN FEET :80 o e ora ionlsl e are relative We�RaNke uR Happen,, m o,o rereren�e Pnl rnl��? 0' 80' 160' 1 1,pno 1.vrrnv wrinvv rov:vvr or My:m I orz:ud.I uc. EN6INEERE00ESI6N By: •Pile#218768C•21-Aprv26LLC Rowell's Marine Perk Key Largo,FL N 5'ae:Glsrx Spa<irg:30 Sran Average:BB 1/ 8�Q• � ,00 fl 0 fl / F�nu�Fodc o -. • O „- P1. l �. P3� 978 630 11.. 1� rare ..101"1190 1114....111 111 142 1766 1214 1211 3121 11a6 1424�1141 1�A7 1111 LJ 1529 $ Q "� ota Load.is oa,w ���"""CC...777"""' uara—ddPerformanc M1 ONdescrbed1-1, 1705 � I �_ i �y gara�teeperw�rm d �rnem. r . fia �rernem, y y � • 2 � field measuremenu �d d ���d rna�ar 1573 {�. rrom mmp�ter�ia,iated pred-a ons. ,166 rL n�y d/ a ma:co comr.1 system summary meets a oa 1545 514 'e or in r�er and nwcs n pit d d io�t d�wu-3r�u(lm)ordu en local onssir� 1206 732 13o 230 . �` P54 J"I fl l:l'.I1T 0 O 4 4�} 55 P4 Q yS Q �D 3 yti{�, "".,,,w �"+,,,� 4T i � I I rhr 1 32�p O'r""Ny2535 . (���✓ 895 J 0000000 o�°I°� I I I I "• M Ef �. 366 02 o 0 M.-0 0 0 0 °S�° n. o_ 5 5 cp09 ms . SCALE IN FEET I- oe ora ion�s� are relative We�RaNke uR Happen,m o,o rerere��e ooi rni,�e? 0' 80' 160' v„nv wrinvv rov:ev,of My:m svorz:sidnvP.uc. EN6INEERE00ESI6N By: •Pile#218768C•21-Apr-26 ® Rowell's Marina Park ® l ® O ®4c. K YLatgo,FL ® ® o � _ Lk „'"• • I... `—.—�.". ""'�' fr /,Kv..�. tt Y eq M...C1.to Amperage f e M1 tl/g M1 I1 ysiem Summary O/ stall q' et3Y. / o m g f f d M1 tl tl siructur s • J cared tM1-n3 feet(lm)(tl 4 "ns. // v e . 1 l 1 Global Levels g fl lures-vetl gn(0,0,0) d i•' M1t M1 i/ V^O ml 1 � -1 itFT-1 11 0 ^, ° o 0 0 0 0 0 0 1 ` /I °I°I°I°I° I 1 bI Lho o F-U�o ...... 0 °° J° °°°I:°I°I°I° �_II�.I�.I�I°I°.I°I ms , senLc lry FEET 3 VW e are relaa�e a�1�«gke U8 Happen, m o,o reverence P01 rnl cl? 120' vvmv w,invv roo.vvv of my:m svorz:crhnvr.uc. EN6INEERE��ESI6N By: •Pile#218768C•21-Apr-26 710/29/2025 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: Rebecca Swain Bowen, Miclette& Britt of Florida, LLC PHONE 407 647-1616 FAX No:(407 628-1635 850 Concourse Parkway S A/C No Ext: ( ) ) Suite#105 ADDRESS: rswain@bmbinc.com Maitland FL 32751 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:James River Insurance Co. 12604 INSURED PEDROFALCO INSURERB:Amerisure Mutual Insurance Company 23396 Pedro Falcon Electrical Contractors, Inc. dba Pedro Falcon Contractors, Inc INSURERC: 31160 Avenue C INSURER D7 Big Pine Key FL 33043-4516 INSURERE: State License#CGC1507617 INSURERF: COVERAGES CERTIFICATE NUMBER:892224727 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 A X COMMERCIAL GENERAL LIABILITY Y Y P0000003090 11/2/2025 11/2/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $100,000 np i�rc T MED EXP(Any one person) $5,000 ®a _..�,-_- "'"` PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: WAM wok>�n GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y CA20929391102 11/2/2025 11/2/2026 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 A UMBRELLA LAB X OCCUR Y Y 00138713-3 11/2/2025 11/2/2026 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y WC20945261102 11/2/2025 11/2/2026 )( 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 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: Contact Name shown above. When required by written contract,those parties listed in said contract, including the Certificate Holder,are added as additional insureds with respect to the General Liability including ongoing and completed operations,Auto Liability,and Excess Liability as afforded by the policy and/or endorsements. When required by written contract,waiver of Subrogation is granted with respect to the General Liability,Auto Liability,Workers Compensation,and Excess See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St 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. dba Pedro Falcon Contractors, Inc POLICY NUMBER 31160 Avenue C 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 and Excess Liability certified herein are primary and non-contributory to other insurance available, but only to the extent required by written contract. For Informational/Bid Purposes Only. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: P0000003090 Effective Date: 11/02/2025 Expiration Date: 11/02/2026 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations 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 II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" 11property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 ❑ Policy Number: P0000003090 Effective Date: 11/02/2025 Expiration Date: 11/02/2026 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Where required by written contractor written All operations of the Named Insureds agreement Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property damage"caused,in whole or in part, by 'your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 ❑ 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. BOARD OF COUNTY COMMISSIONERS 9 KMeVladok, Clerk OF MONROE COUNTY, FLORIDA. As Deputy Clerk I Mayor/Chairman Date 2 1 )6 t S07-r Mt7NROE COUMV ATTO MOEYS 0FRCE APPROVE13 AS YO FORM CONTRACTOR: PEDRO FALCON O'SEFt uWaim ASSIS � CONTRACTORS UNT eOMY iATTt?MEY DATE: Signature .. -1 i-�O25 Print Name: Christian Brisson Title: as President 3` + Date- 08/20/2025 STATE OF r UKI0 } COUNTY OF !'!'tyN&F On this day of AVGUST > 202Sbefore rho, the undersigned notary public, by means of IsK physical presence or 0 online, personally, appeared Gf'tP-ISTI4A1 &L&SW (name of affiant)known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County. . 'rL>. Notary Public v mil -. -Q�,.,yi ;a�,.� Btenna M Brockway Gomm,:HN 863881 Print Name SQ h11 Expires.Apr.28,2029 Notary Public-State of Hodda My commission expires: L1L ►? )2� (Sealy"'" Page 2.of 27 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? F 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 m||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