#08-5054 (Renfroe & Jankson, Inc.)
AGREEMENT
For Bid # 08-5054
Golden Gate Boulevard Phase 1 (951 to 29th Street SW), Phase 2
(29th Street to 13th Street SW) and 13th Street SW (Chicane Medians)
THIS AGREEMENT is made and entered into this 8th day of April 2008, by and between the Board
of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida
(hereinafter referred to as the "County" or "Owner") and Renfroe & Jackson, Inc., authorized to do
business in the State of Florida, whose business address is 2550 Garland Road, Naples Florida
34117 (hereinafter referred to as the "Contractor").
WIT N E SSE T H:
1. COMMENCEMENT: The contract shall be for a one (1) year period, commencing on upon Notice
to Proceed and terminating in one (1) year, or until such time as all outstanding Purchase Orders
issued prior to the expiration of the Agreement period have been completed. This contract shall
have three one (1) year renewals, renewable annually. The County Manager, or his designee,
may, at his discretion, extend the Agreement under all of the terms and conditions contained in
this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee,
shall give the Contractor written notice of the County's intention to extend the Agreement term not
less than ten (10) days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be pre-
qualified and awarded a Contract. Each awardee will enter into an Agreement to provide
complete services for "Golden Gate Boulevard Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW (Chicane Medians) on an as-needed basis as
may be required by the Owner in accordance with the terms and conditions of Bid #08-5054 and
the Contractor's bid, which is incorporated by reference and made an integral part of this
Agreement.
3. COMPENSATION: The County shall pay the Contractor for the performance of this Agreement
pursuant to the unit price schedule offered by the Contractor in his bid, together with the cost of
any other charges/fees submitted in the proposal. In such instances, the Contractor shall submit
a copy of the appropriate pages from said price list with the invoice for the non-bid items.
Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager
or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise known as the
"Florida Prompt Payment Act".
4. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to
the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following Contractor's address of record:
Renfroe & Jackson, Inc.
2550 Garland Road
Naples, Florida 34117
(239) 455-5020
(239) 455-3151 Fax
Page -1-
All notices required or made pursuant to this Agreement to be given by the Contractor to the
County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States
Postal Service Department, first class mail service, postage prepaid, addressed to the following
County's address of record:
Collier County Government Complex
Purchasing Department
3301 East Tamiami Trail
Purchasing Building G
Naples, Florida 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-774-8371
Fax: 239-732-0844
The Contractor and the County may change the above mailing address at any time upon giving
the other party written notification. All notices under this Service Agreement must be in writing.
5. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an agent of
the County.
6. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all
such permits issued by the County shall be processed internally by the County. Contractor is not
responsible for paying for permits issued by Collier County, but is responsible for acquiring all
permits. Owner may require the Contractor to deliver internal budget transfer documents to
applicable Collier county agencies when the Contractor is acquiring permits.
All permits, fees and licenses necessary for the prosecution of the Work which are not issued by
Collier County shall be acquired and paid for by the Contractor. Contractor shall pay all sales,
consumer, use and other similar taxes associated with the Work or portions thereof, which are
applicable during the performance of the Work.
7. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any
manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any
purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation,
or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the
event of such violation by the Contractor or if the County or its authorized representative shall
deem any conduct on the part of the Contractor to be objectionable or improper, the County shall
have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any
such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours
after receiving notice of such violation, conduct, or practice, such suspension to continue until the
violation is cured. The Contractor further agrees not to commence operation during the
suspension period until the violation has been corrected to the satisfaction of the County.
8. TERMINATION: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County and requirements of this Agreement, the County may terminate
Page -2-
said Agreement immediately for cause; further the
convenience with a seven (7) day written notice.
performance.
County may terminate this Agreement for
The County shall be sole judge of non-
9. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race,
sex, color, creed or national origin.
10. INSURANCE: The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $2,000.000 per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Premises and Operations; Independent contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liabilitv: Coverage shall have minimum limits of $2,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-
Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws. The coverage must include
Employers' Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Board of County Commissioners shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive General
Liability.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall be
sent to the County thirty (30) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all subcontractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendorl Consultant shall indemnify and hold harmless Collier County, its officers
and employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the
ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement. This indemnification
obligation shall not be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person described in this
paragraph. This section does not pertain to any incident arising from the sole negligence of
Collier County.
Page -3-
13. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or
portions thereof, because of defective or incomplete work, outstanding punchlist items,
subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole
or any part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under this Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence
indicating probable fling of such claims; (c) failure of Contractor to make payment properly to
subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be
completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work
will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the
Contractor; or (g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, Owner may, after three (3) days
written notice, rectify the same at Contractor's expense. Owner also may offset against any sums
due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner,
whether relating to or arising out of this Agreement or any other agreement between Contractor
and Owner.
14. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications
shall be approved in writing by Owner in advance.
15. CONTRACT TIME AND TIME EXTENSIONS.
A. Time is of the essence in the performance of any Work under this Agreement and Contractor
shall diligently pursue the completion of the Work and coordinate the Work being done on the
Project by its subcontractors and materialmen, as well as coordinating its Work with all work
of others at the Project Site, so that its Work or the work of others shall not be delayed or
impaired by any act or omission by Contractor. Contractor shall be solely responsible for all
construction means, methods, techniques, sequences, and procedures as well as
coordination of all portions of the Work under the Contract Documents, and the coordination
of Owner's supplies and contractors.
B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work
as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault
or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor
shall notify the Owner in writing within forty-eight (48) hours after the commencement of such
delay, stating the cause or causes thereof, or be deemed to have waived any right which
Contractor may have had to request a time extension.
16. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal,
state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable
to the Project, including but not limited to those dealing with taxation, workers' compensation,
equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it
shall promptly notify Owner in writing.
Page -4-
17. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and
waste materials arising out of the Work. At the completion of the Work, Contractor shall remove
all debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
18. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part
thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Contractor has assumed toward Owner.
19. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to
Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures
to be incorporated into the Project. Contractor warrants to Owner that any materials and
equipment furnished under the Contract Documents shall be new unless otherwise specified, and
that all Work shall be of good quality, free from all defects and in conformance with the Contract
Documents.
Contractor further warrants to Owner that all materials and equipment furnished under the
Contract Documents shall be applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturers, fabricators,
suppliers or processors except as otherwise provided for in the Contract Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after receipt of
written notice from Owner. Contractor shall also be responsible for and pay for replacement or
repair of adjacent materials or Work which may be damaged as a result of such replacement or
repair. These warranties are in addition to those implied warranties to which Owner is entitled as
a matter of law.
20. EMPLOYEES. The Contractor shall employ people to work at the Owner's facilities who are neat,
clean, well groomed and courteous.
21. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or
regulations of any public authority having jurisdiction over the Project requires any portion of the
Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility
therefore, pay all costs in connection therewith and furnish to the Owner the required certificates
of inspection, testing or approval. All inspections, tests or approvals shall be performed in a
manner and by organizations acceptable to the Owner.
22. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any
such loss or damage until final payment has been made. If Contractor or anyone for whom
Contractor is legally liable is responsible for any loss or damage to the Work, or other work or
materials of Owner or Owner's separate contractors, Contractor shall be charged with the
same, and any monies necessary to replace such loss or damage shall be deducted from any
amounts due Contractor.
Page -5-
B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that
will endanger the structure, nor shall Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the Owner with respect to the
Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally
liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The
Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred
by Owner associated therewith.
23. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or
the Work or property at the Project site or adjacent thereto, Contractor, without special instruction
or authorization from Owner is obligated to act to prevent threatened damage, injury or loss.
Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of
the emergency, if Contractor believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby.
If the Owner determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Purchase Order amendment shall be issued to
document the consequences of the changes or variations.
If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the
Contract Amount or an extension to the Contract Time.
24. OWNER RESERVES THE RIGHT TO INSPECT THE WORK and make an independent
determination as to the acceptability of the Work. Unless and until the Owner is completely
satisfied, the final payment shall not become due and payable.
25. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Alternative Transportation Modes Department.
26. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or
referenced component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim, including: Contractor's Proposal, Insurance Certificate, RFP No. 04-3536, any addenda,
any QuotationlWork Order made or issued pursuant to this Agreement, and any related plans or
specifications for any such Quotations or Work Orders.
27. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any
County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics
Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and/or any employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
Page -6-
28. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the
parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
29.IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
Contractor to comply with the laws referenced herein shall constitute a breach of this agreement
and the County shall have the discretion to unilaterally terminate this agreement immediately.
30. VENUE: Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
31. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and
agrees to the successful proposer extending the pricing, terms and conditions of this solicitation
or resultant contract to other governmental entities at the discretion of the successful proposer.
32. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise
unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect.
33. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract
upon satisfactory negotiation of price by the Contract Manager and Contactor.
34. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Contractor further represents that no persons
having any such interest shall be employed to perform those services.
Page -7-
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
~~~
First itness
~r~~ mLA-(~
T pe/Prin Witness a e
~ .hJlen~r
Typed Signature
~evt~~( ~I'U<-~r.
Title r/ I
r:
<2.. 0 D,
JOxn\P, t;nV\)
Type/Print Witness Name
By:
Dated: (i\':';
Attest I*'~fr-.
s1gnature on1,,,
BOARD OF COUNTY COMMISSIONERS
COLLlER7N~b
By: :JfJt---'
Thomas Henning, Chairman
Approved as to form and
legal sufficiency:
~r1Ufut7Y1 ~
Robel'! Z""hclI)' tD"~~' 6Y'eeYJe...
Assistant County Attorney
Page -8-
ACORDm
CERTIFICATE OF LIABILITY INSURANCE
I DATE (MM/DOIYYYY}
4/3/2008
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Brown & Brown of Florida Inc.
999 Vanderbilt Beach Road,#507
Naples FL 34108-3507
INSURED
Renfroe & Jackson Inc.
2550 Garland Road
Naples FL 34117
1 NAIC#
J~_suRE_I3__~:~;r_idget;i,.!=:tci___~mDloverJi _Ins,_ _CQ~
i INSURERB:Nation..QlTnJ)3t Insurance _C.orQ-P ,
i__~~S:URERC:FCCI Commerci<;il In,surance Com
i INS~~~~~_ __ ____________
~
INSURERS AFFORDING COVERAGE
! INSURER E
COVERAGES
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
~~ EXCLUSIONS__~ CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~~ ~,~~!;: ........., I POLICY NUMBER !POLICY EFFECTIVE PR~!fJ EXPIRA-TIONj LIMITS
B GENERAL LIABILITY IGLOO05582 15/19/2007 5/19/2008 ' EACH OCCURRENCE c'l 000 000
~ : DAMAGE TO RENTrn
X COMMERCiAl GENERAlllA81l1TY ! , : PREMISES (Eaoccurence) ~L>OO, OOO_~__
.~ - '---I :
CLAIMS MADE IllJ OCCUR i MED EXP (Anyonepl:jrson) , $ 10 , 000
-~-- Y~~~~;L&ADV~N~~-~_$l, QQJlL~
--------------- -
GENERAL AGGREGATE 1
,- -------- - ---- Iq,ooo,OOO
!_G_~N'l AGGREG~f LIMIT AP~!:-!lS PER PRODUCTS-COM~OPAGG $ 2 000 OQQ_ .
I POLICY X 1;'59.;! LOC
C ~~OMOBILE LIABILITY CAOO057943 5/19/2007 '5/19/2008 COMBINED SINGLE LIMIT
~! ANY AUTO (Eaaccident) '1,000,000
----- - ------
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
--~
HIRED AUTOS BODILY INJURY
1-- $
L NON-OWNED AUTOS (Per accident)
1 ------- --I
PROPERTY DAMAGE I $
(Per accident)
1 , GARAGE LIABILITY I ~T<2..CJ.!'l_L Y - EA ACCIDENT I $
e-, I
1____--1 ANY AUTO : OTHER THAN EAACC I $
i , 1 i AUTO ONLY -"-1
; AGG I $
C eXCeSSJUMBRELLA LIABILITY IUMBOO030423 5/19/2007 15/19/2008 I EACH OCCURRENCE ,$ 2"QOO 000
---, [-1 CLAIMS MADE 1
OCCUR , ~.2g_REGATE $2,000,000
-, 1 I
1 f---- .---- $
-, i ,
DEDUCTIBLE 1 f------ $ -------
X ; RETENTION no 000 1 I 1 $
1083017308 14/1/2008 14/1/2009 ! 'WCSTATU- OTH.
A WORKERS COMPENSATION AND ~: TORYIIMITS J~R. _
EMPLOYERS' LIABILITY 1
ANY PROPRIETOR/PARTNER/EXECUTIVE 1 ~' EACH Ac:~~.o_E~T $500,000
1
OFFICER/MEMBER EXCLUDED? Yes I I i-~-~-' ~!~EASE - EA EMPLOYEE $ 500 . Q1IO . -------
If yes, desCI"lbe under
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500 000
OTHER 1 ! !
,
. ! .
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
p:.:esidential landscaping and maintenance contractor. Also installs irrigation systems.
~;rtificate Holder is included as an Additional Insured per form # CG203J (07-04) Addi.tional Insured Owners,
~essess or Contractors - Automatic Status When Required in construction Agreement With You.
[,~iver of Subrogation in favor of the certificate holder with regards to general liabilily per Form CGLOO4 (12 -06) When
p:.:equired ,n Construction Agreement With You.
45 days notlce of cancellation for General Liability, Auto and Umbrella Except Workers Compensa t ion 30 Days. 10 days
pot ice of cancellati:m for non payment of premlum applicable to all policies.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Board of County Commissioners BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL *10 DAYS WRITTEN NOTICE TO THE
2800 N~ Horseshoe Drive CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Naples FL 34104 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE /JJ,~~..;J,..,,+
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively Of negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INTERLINE
Il 009 (12 05)
THIS ENDORSEMENT CHANGES THE POliCY. PLEASE READ IT CAREFUllY.
TOTAL ASBESTOS EXCLUSION ENDORSEMENT
This endorsement modifIeS insurnnce provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM
PRODUCT WITHDRAWAL COVERAGE FORM
RAilROAD PROTECTNE LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
This Insurance does not apply to:
A. Arrt damages or remedies whatsoever, in whatever manner defined or undefined in this policy, sought under
any legal theory whatsoever, which would not have occurred in whole or in part but for the actual, alleged Or
threatened ingestion, inhalation, absorption of, discharge, dispersal, seepage, migration. release. escape or
exposure 10. or presence of asbestos in any form emanating from any source at any time.
B. Ally loss, cost or expense arising out of any:
(1) Request, demand, order or statulory or regulatory requirement that any insured or others test for,
monitor, abate. clean up, remove, contain. !real detoxify or neutralize, or in any way respond to, or
assess the effects of asbestos; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for,
monitoring, abating. cleaning up. removing, containing, treating, detoxifying or neutralizing, or in any
way responding to, or asseSSing tha effects of asbestos.
We shall not be obligated to investigate, defend, or indemnify any insured or any person or entity claiming
any right under the policy for the matters excluded In this endorsement, including any claims under any
indemnity agreement or other contract, whether or nol such indemnity agreement or contract may be
considered an "insured contract" under the polley.
Il 009 (12 05)
Includes copyrighted material of !he Insurance Se<vlces Offlce. Inc.. with ~s permission.
Copyrighl2005 FCCllnsurance Gmup.
Page 1 of 1
Sage Document: ISO-Forms! CG 20 33-Additionallnsured-Owners. Lessees or Contract... Page 1 of2
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ISO I Commercial General Liability Forms I 07/01104
COMMERCIAL GENERAL
LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization for
whom you are performing operations when you and such person or organization have agreed in writing in a
contract or agreement that such person or organization be added as an additional insured on your policy. Such
person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured.
A person's or organization's status as an additional insured under this endorsement ends when your
operations for that additional insured are completed.
B With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural or engineering activities.
2. "Bodily injury" or "property damage" occurring after.
a. All work, including materials, parts or equipment furnished in connection with such work, on the project
(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the location of the covered operations has been completed; or
b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by
file://I:\Share\Everyone\Commercial Lines\Certificate & Additional Insureds\FCCI\Forms\... 2/7/2006
Sage Document: ISO-Forms I CO 20 33-Additionallnsured-Owners, Lessees or Contract... Page 2 of2
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
CG 20 33 07 04
@ ISO Properties, Inc., 2004
@ISO Properties, Inc.
@2006 SilverPlume Reference Systems, Inc. All Rights Reserved.
file://I:\Share\Everyone\Commercial Lines\Certificate & Additional Insureds\FCCI\Fonns\,.. 2/7/2006
COMMERCIAL GENERAL lIABILITY
CGL 004 (12 06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY ADVANTAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial General liability
Coverage Form, and will apply unless excluded by separate endorsemenI(s) to the Commercial General liability
Coverage Form.
The COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is emended as folows:
SECTION I . COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is amended as
follows:
1. Extended "Property Damage"
Exclusion 2.a., Expected or Intended Injury, is replaced with the following:
a. 'Bodiiy injury" or "property damage" expected or Intended from the standpoint 01 the insured. This
exclusion does not apply to "bodily Injury' or "property damage' resulting from the use of reasonable
force 10 protect persons or property.
2. Non-owned Watercraft
Exclusion 2.g. (2) (a) Is replaced with the following:
(a) Less than 51 feet long; and
3. Property Damage Liability - BOlTOWed Equipmenl
The lollowing is added to Exclusion 2.j. (4):
Paragraph (4) of this exclusion does not apply to "property damage" to borrowad equipment while at a
jobsite and not being used to perform operations. The most we will pay for 'property damage" to anyone
borrowed equipment item under this coverage is $25,000 per 'occurrence". The insurance affotded under
this provision is excess over any other valid and collectible property insurance (including deductible)
available to the insured, whether primary, excess, contingent or on any other basis.
SECTION r - COVERAGES, 1118 foll_lng coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agr-.enl
We wil pay, at your request, for "property damage" to property of others caused by you, or while in your
possession, arising out of your business operations. The amount we will pay for damages is described in
SECTION III LIMITS OF INSURANCE.
CGl 004 (12 06) InCludes oopyrighted material of the Insurance SaMc8S Omce, Ine., with its permission.
Copyright 2006 FCCllneurance Group.
Page 1 of 12
COMMERCIAL GENERAL LIABILITV
CGl 004 (12 06)
c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
d. "Property damage" caused by or arising oUl of the "producls-com~eted operations hazard":
e. Motor vehides:
f. "Property damage"to "your product" arising out of it or any part of ~: or
g. "Property damage" to "your work" arising oUl of it or any part of it.
3. Deductible
We will not pay for loss in anyone "oa;urrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to !he appl icable limit of insurance.
4. Cost Facio.
In the event of a covered loss, you shal" if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, exduding profit ~ overhead charges.
The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland
martne insurance (Induding the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss for an "occurrence" is paid unde.- COVERAGE D.
COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE
1. Insuring Agreement
a. We will reimburse you for "product withdrawal expenses' incurred because of a "product withdrawal"
to which this insurance applies.
The amount of sum reimbursement is limited as described in SECTION III -LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered.
b. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the
coverage territory" during the policy period because:
(1) Vou detennine that the "product withdrawal" is necessary: or
(2) An authorized government enlity has ordered you to conduct a "product withdrawal"
c. We will reim burse only those "product withdrawal expenses" which are Incurred and reported to us
within one year of the date the "product withdrawal" was initiated.
d. The initiation of a "product withdrawal" will be deemed to have been made oniy at the eartiest of the
following limes:
(1) When you have announced, in any manner, to the general public, your vendors or 10 your
employees (other than lhose employees dnclIy involved in making the determination) your
decision ID conduct a "product withdrawar This applies regardless of whether the determination to
conduct a "product withdrawal" is made by you or is requested by a third party;
CGl 004 (12 061 Includes oopyrighled material of the Insurance Services Office, Inc., with its J>8nnission.
Copyrighl2006 FCCllnsurance Group.
Page 3 0112
COMMERCIAl GENERAL LIABILITY
CGl 004 (1206)
(1) You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any govemmental investigation, that may result in a
"product withdrawal". To the extent possible, notice should Include:
(a) How, when and where the "defect" was discovered;
(b) The names and addresses of any Injured persons and witnesses; and
(c) The nature, location and circumstances of any injury or damage arising out of use or
consu mption of "your product".
(2) If a "product withdrawal" is initiated, you must:
(a) Immediately record the specifics of the "product withdrawal" and the date it was Initiated; and
(b) Notify us as soon as practicable.
You must see to it that we receive written notice of the "product withdrawal" as soon as
practicable.
(3) You and any other involved insured must:
(a) Immediately send us copies of pertinent correspondence received in connection with the
"product withdrawal";
(b) Authorize us to obtain records and other information; and
(c) Cooperate with us in our investigation of the "product withdrawal".
4. The following definitions are added to the Definitions Seelion;
a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condnion.
b. "Product tampering" Is an act of intentional alteration of "your producf' which may cause or has
caused "bodily injury" or physical Injury to tangible property.
When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be
Umited to those batches of "your product" which are known or suspected to have been tampered with.
..
c, "Product withdrawal" means the recall or withdrawal of "your products". or products which contain
"your products", from the market or from use, by any other person or organization, because of a
known or suspected "defect" in "your product", or a known or suspected "product tampering", which
has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly related to a "product withdrawal":
(1) Costs of notlflcation;
(2) Costs of stationery, envelopes, production of announcements and postage or facsimiles;
(3) Costs of overtime paid to your regular nonsalaried employees and costs incurred by your
employees, including costs of transportation and accommodations;
(4) Costs of computer time;
CGl 004 (12 06) Indudes oopyrigl1ted metarial of the lnourance Services Office, Inc.. with Its permission.
Copyrighl2000 FCCllnilJl'ance Group,
Page 5 of 12
COMMERCIAL GENERAL lIABllrrY
CGL 004 (12 06)
e. A"Iliability for damages:
(1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by
any partner. member of a lirMed liability COfl1lll"l. or executive officer, or at the direction of any
of them; or
(2) \lVhich is in fact expected or intended Oy the insured. even if the injury or damage Is of a different
degree or type than actually expected or intended.
f. Any liability arising out of manufacturer's warranties or guarantees, whether express or implied,
g. Any liability arising from .property damage" to property owned by, rented or leased to the insured,
h. Any liability before you have completed "your work: "Your work" will be deemed completed at the
earliest of the following times:
(1) When all of the work called for in your contract or work order has been completed;
(2) When all the work to be done at the job site has been completed if your contract calls for work at
more than one job site; or
(3) When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service or maintenance. correction. repair or replacement, but which is otherwise
complete, will be treated as complete.
i. A"Iliabilily arising from "property damage" to products that are still in your physical possession.
j. Any liabil~y arising out of the rendering of or failure to render any profeSSional services by you or on
your behalf, but only with respect to either or both of the following operations:
(1) Providing engineeling. architectural or surveying services to others; and
(2) Providing or hiring independent professionals to provide engineeling, architectural or surveying
services in connection with construction work you perform.
Professional services include the preparing, approving or failing to prepare or approve, maps, shop
drawings, opinions. reports, suNeys, field orders, change orders, or drawings and specifications.
Professional services also include supeNlsory or inspection activities pertormed as part of a"l releted
architectural or engineering activities.
But, professional services do not include seNices within construction means, methods, techniques,
sequences and procedures employed by you in oonneclJon with construction work you perform.
k. Any liability arising from your loss of profit or expected profit.
I. .Property damage" to property other than "your product: "your work" or "impaired property."
m. Any liability arising from claims or "suits" where the right of action against the insured has been
relinquiShed or waived.
n. Any liability for .property damage" to "your work" if the damaged work or the work out of which the
damage arises was pertormed on your behalf Oy a subcontractor.
CGl 004 (12 06) Includes copyrighted msterial 01 the InsUlanoe Services OfIice, Inc., ";111 its permission.
Copyright 2006 FCCllnsurance Group.
Page 7 of 12
COMMERCIAL GENERAL lIABILrrY
CGl 004 (12 06)
(ii) The "employee" has another insurance !hat would also cover claims arising under this provision,
whetl1er the other insurance is primary, excess, contingent or on any other basis.
2. Newly Formed or Acquired Organizations
Paragraph 4.a. is replaced with the following:
a. Coverage under this provision is afforded only untillhe 180th day after you acquire or form the
organization or the end of the policy period, whichever Is earlier;
SECTION IU - LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2. Is replaced with the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C:
b. Damall9s under Coverage A. except damages because of "bodYy injury" or "property damage"
included in the "producls-<Xlmpleted operatiOns hazard";
c. Damages under Coverage B;
d. Voluntary "property damage" payments under Coverage D; and
e. Care, Custody or Control damages under Coverall9 E.
2. Paragraph 5. Is replaced with the following:
5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit Is the most we will pay for the
sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C;
c. Voluntary "property damage" payments under Coverage 0; and
d. Care, Custody or Control damages under Coverage E
because of all "bodily Injury" and "property damage" arising out of anyone "occurrence".
3. Paragraph 6. Is replaced with the following:
6. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in
the Declarations is the most we wil pay under Coverage A for dama9l"s because of "property damage" to
anyone premises, while renled to you, or in the case of damage by tire or explosion, while rented to you
or temporarily occupied by you with permission of the owner, arising out of anyone tire or explosion.
4. Paragraph 7. is replaced with the following:
7. Subjeclto 5, above, the higher of $10,000 or the Medical Expense Umit shown in the Declarations is the
most we will pay under Coverage C for all medical expenses because of "bodily Injury" sustained by any
one person.
CGL 004 (12 06) Indudes copyl1ghled meterial of the Insurance Services Ol!Ice, Inc., with its pennission.
Copyrighl2006 FCCllnourance Group.
Page 9 of 12
COMMERCiAl GENERAl LIABILITY
CGl 004 (12 06)
(5) A person or organization having proper temporary custody of your property if you die;
(6) The legal representative of you if you die; or
(7) A person (other than an "employee") or an organization while acting as your real estate manager.
To the extent possible. notice should indude:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. The followIng Is addlld to Subparagraph 2. b. of Duties In The Event Of Occurnmce, Offense, Claim, or
Suit:
The requirement in 2.b. applies only when the "occurrence" or offense is known to the following:
(1) An individual who is the sole owner;
(2) A partner or insurance manager, if you are a partnership or joint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager or insurance manager, if you are a limited liability company;
(5) Your officials, trustees, board members or insurance manager. if you are a not-for-profit organization;
(6) A person or organization having proper temporary custody of your properly if you die;
(7) The legal representative of you if you die; or
(8) A person (other than an "employee") or an organization while acting as your real estate manager.
3. Paragraph 6. Is replaced with the following:
6. Representations
By accepting this poiicy, you agree:
a. 'The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
Co We have issued this policy in reliance upon your representations.
Any error or omission in the description of, or failure to comp/etely describe or disclose any premises,
operations or products Inlended to be covered by the Coverage Form will not invalidate or affect coverage
for those premises, operations or products, provided such error or omission or failure to completely
describe or disclose premises. operations or products was not intentional.
You must report such error or omission to us as soon as practicable after ils discovery. However, this
provision does not affect our righllo collectaddilional premium charges or exercise our right of
cancellation or nonrenewal.
CGl 004 (12 06) Includes copyrighted material 01 the insurance Services Office. Inc.. with its pennission.
CoPVright 2006 FCCllnsurance Group.
Page 11 of12
COMMERCIAl GENERAl LIABILITY
CGl 025 (04 03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSUREDS - PRIMARY/NON-CONTRIBUTORY COVERAGE
WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following is added to SECTION IV - Commercial General Liability Conditions, Paragraph 4, entitled 'Other
Insurance", subsection b_ entitled "Excess Insurance". paragraph (1):
This Insurance is excess over:
(e) Any other insurance naming an additional insured as an Insured on a primary basis, excess, contingent or
on any other basi. unless a wrillen contract specifically requires that this insurance be primary and
noncontributing. The written contract must be currently in effect or become effective during the term of
this policy and must be executed prior to the "bodily injury', 'property damage" or 'personal and
advertising Injury_'
CGl 025 (04 03)
Indudes copyrighted material of Insurance Services Office. with its pennission.
Page 1 ofl
COMMERCIAL GENERAl UABtLITY
CGL 064 (11 06)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EMPLOYMENT.RELATED PRACTICES EXCLUSION
This endorsement roodifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following exclusion is added to Paragraph 2., exclusions of Section I - Coverage A - Bodily Injury
And Property Damage Liability:
This insurance does not apply to:
"BodKy injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
(c) Employment-related practices, policies, acts or omissions. such as coercion. demotion. ewluation.
reassignment, discipline. defamation. harassment, IIumlllation or discrimination directed at that
person: or
(2) The spouse. child. parent. brother or sister of that person as a consequence of "bodily injury" 10 that peIlIOn
at whom any of the employment-related practices desalled in Paragraphs (a), (0), or (e) above is directed.
This exclusion applies:
(1) Whether the insured may be liable as an emp/oyeror in any other capacity;
(2) To any obligation to share damages with or repay someone else who must pay damages because of the
Injury; and
(3) To any allegation that the insured negligently or intentionally failed to advise others of a fonner employee's
faults or characteristics, or was otherwise at fault In giving references regarding former employees.
B. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And
Advertising Injury Liability:
This insurance does not apply to:
"Personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that pers'ln'S employment; or
CGlOO4(11 06)
Indudes copyrighted malerlal of the Insurance Services Office, Inc., with its permission. Page 1 of 2
Copyright 2005 FCCllnsurance Group.
IL 00 03 07 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALCULATION OF PREMIUM
This endorsement modifies insurance provided under the following;
BOILER AND MACHINERY COVERAGE PART
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTs/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
The following is added;
The premium shown In the Declarations was computed based on rates in effect at the time the policy was issued.
On each renewal, continuation, or anniversary of tI1e effective date of this poi icy. we will compule the premkJm In
accordance with our rates and rules then in effect.
IL 00 03 07 02
C ISO Properties, Inc., 2001
Page 1 of 1
D
It. 00 17 11 98
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions,
A. Cancellation
1. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deliv-
ering to us advance Written notice of cancella-
tion.
2. We may cancel this policy by mailing or deliver-
Ing to the first Named Insured written notice of
cancellation at least:
a. 1 0 days before the effective date of cancel-
lation if we cancel for nonpayment of pre-
mium; or
b. 30 days before the effective date of cancel-
lation if we cancel for any other reason.
3. We wMI mail or deliver our notice to the forst
Named Insured's last mailing address known to
us.
4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.
S. If this policy is cancelled, we wiD send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, tile refund may be
less than pro rata. The cancellation will be ef-
fective even if we have not made or offered a
refund,
6. If notice Is maiied, proof of mailing will be suffi-
cient proof of notice.
B. Changes
This policy contains all the agreements between
you and us concerning tile Insurance afforded.
The first Named Insured shown in the Declarations
is autllorized to make changes in the terms of this
policy with our consent. This pOlicy'S terms can be
amended or waived only by endorsement Issued
by us and made a part of this policy.
C. Examination otYour Books And Records
We may examine and audit your books and re-
cords as they relate to this policy at any time dur-
ing the policy period and up to three years after-
ward.
D. Inspections And Surveys
1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on lI1e conditions we find;
and
c. Recommend changes.
2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such aelions we do undertake relate only to in-
surability and the premiums to be charged. We
do not make safety inspections. We do not un-
dertake to perform the duty of any person or
organization to provide for the health or safely
of workers or the publ ic. And we do not warrant
that cond~lons:
a. Are safe or hea~hful; or
b. Comply with laws, regulations, codes or
standards.
3. Paragraphs 1. and 2. ofthis condition apply not
only to us, but also to any rating. advisory, rate
service or similar organization which makes in-
surance inspections, surveys, reports or rec-
ommendations,
4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or recom-
mendations we may make relative to
certifICation, under state or municipal statutes.
ordInances or regulations, of boilers, pressure
vessels or elevators.
E. Premiums
The first Named Insured shown in the Declara-
tions:
1. Is responsible for the payment of all premiums;
and
2. W~I be the payee for any retum premiums we
pay.
F. Transf.r Of Your Rights And Duties Under This
Polley
Your rights and duties under this policy may not be
transferred without our wr<<ten consent except In
the case of death of an individual namad insured,
If you die, your rights and duties will be transfeTTe(j
to your legal representative but only while acting
within the scope of dulies as your legal representa-
tive. Until your legaJ representative Is appointed.
anyone having proper lemporary OJslady of your
property will have your rights and duties but only
with respecl to that properly.
IL.00171196
Copyright, Insurance Services Office, Inc.. 1998
o
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IL 00 210702
NUCLEAR ENERGY LIABILITY EXCLUSION
ENDORSEMENT
(Broad Form)
This endorsement modi~es inSLl'8nce provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE liABILITY COVERAGE PART
POLLUTION liABILITY COVERAGE PART
PRODUCTs/COMPLETED OPERATIONS LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
RAILROAD PROTECTIVE L1ABIUTY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury"
or "property damage":
(1) With respect to which an "insured" under
the policy is also an insured under a nuclear
energy liability policy issued by Nuclear En.
ergy Liability Insurance Association. Mutual
Atomic Energy Liability Underwrners. Nu.
clear Insurance Association of Canada or
any of their successors, or would be an in-
sured under any such poliCY but for its ter.
mination upon exhaustion of its limit of liabil-
ity; or
(2) Resulting from the "hazardous properties"
of "nuclear material" and with respect to
which (a) any person or organization is re-
quired to maintain ~nanc;ial protection pur-
SlJant to the Atomic Energy Act Of 1954. or
any law amendatory thereof, or (b) the "in.
sured" is, or had this policy not been issued
would be, entilled to indemnity from the
United States of America, or any agency
thereof, under any agreement entered into
by the United States of America. or any
agency thereof, with any person or organi-
zation.
IL 00 21 07 02
B. Under any Medical Paymenls coverage, to
expenses incurred with respect to "bodily Injury"
resulting from the "hazardous properties" of
"nuclear material" and arising out of the opera-
tion of a "nuclear facility" by any person or or-
ganization.
C. Under any Liability Coverage, to "bodily inj.Jry"
or "property damage" resulting from "hazardous
properties" of "nuclear material", it:
(1) The "nuclear material" (a) is at any "nuclear
facility" owned by, or operated by or on be-
half of, an "'nsured" or (b) has been dis-
charged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent
fuel" or "waste" at any time possessed,
handled, used, processed, stored, trans-
ported or disposed of, by or on behalf of an
"insured"; or
(3) The "bodily injury" or "property damage"
arises out of the fumishlng by an '1nsured"
of services, materials, parts or equipment in
connection with the planning, construction,
maintenance, operation or use of any "nu-
clear facility", but if such facility is located
within the United States of America, its terri-
tories or possessions or Canada, this exclu-
sion (3) appHes only to "property damage" to
such "nuclear facility" and any property
thereat.
ClISO Properties, Jnc" 2001
o
Page 1 of2
INTERLINE
IL 008 (12 OS)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TOTAL LEAD EXCLUSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM
PRODUCT WITHDRAWAL COVERAGE FORM
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
TRUCKERS COVERAGE FORM
this insurance does not apply to:
A. Any damages or remedies whatsoever, in whatever man_ defined or undefined in this policy, sought under
any legal theory whatsoever, which would not have occurred In whole or in part but for the actual, alleged or
Ihreatened ingestion, Inhalation, absorption of, discharge, dispersal, seepage, migration, release, escape or
exposure to, or presence of lead or lead based products in any form emanating from any source at any time.
B. Any loss. cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for,
monitor, abate, clean up, remove, contain, treat detoxify or neutralize, or in any way respond to, or
assess the effects of lead or lead based products; or
(2) Claim or suit by or on behalf of a goverrvnental authority for damages because of testing for,
monitoring, abating, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any
way responding to, or assessing the effects of lead or lead based products.
We shall not be obligated to invesllgate, defend, or indemnify any insured or any person or entity claiming
any right under the policy for the matters excluded in this endorsement, including any daims under any
indemnity agreement or other contract, whether or not such indemnity agreement or contract may be
conSidered an "insured contract" under the policy.
IL 008 (12 05)
Include. copyrighted material of the Insurance Services 0fIIce, Inc.. with Its permission.
Copyrtght2005 FCCllrisurance Group.
Page 1011
ITEM NO.:
,."
h ",-/1 .'
.. ',ri('p\\i\
..00Jtf, ': 1'\1 \,j,',I'"
DATE RECEIVED: 0 .
08- me - Oog90 26(jH,P', 2 \ Al~ \I: -,
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: April 17,2008
To:
Robert Zachap('
Assistant ~ty Attorney
C (fiG!'
From: Brenda Brilhart
Purchasing Agent
239-252-8446
Re: Contract # 08-5054 Golden Gate Boulevard
Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW
Chicane Medians)
Contractor: Renfroe & Jackson, Inc.
BACKGROUND OF REQUEST:
This contract was approved by the BCC on April 8, 2008; Agenda Item 16.B,9
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMEi'lTS:
Ple~seX?rward t9BCC for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
MEMORANDUM
TO: Wayne Fiyalko
Risk Management Department
FROM: Brenda Brilhart
Purchasing Department
DATE: April 17, 2008
RE: Review of Insurance for Contract No, 08-5054 Golden Gate
Boulevard Phase 1 (951 to 29th Street SW), Phase 2 (29th
Street to 13th Street SW) and 13th Street SW (Chicane
Medians)
Contractor: Renfroe & Jackson, Inc.
This Contract was approved by the BCC on April 8, 2008; Agenda
Item 16.B.9
Please review the Bonds and Insurance Certificate in this Agreement
for the above-referenced contract. If everything is acceptable, please
forward to the County Attorney for further review and approval. Also
will you advise me when it has been forwarded. Thank you. If you
have any questions, please contact me at extension 8446
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