#09-5194 (Vila & Son)
A G R E E MEN T 09-5194
for
Collier County Riaht-of-Wavs and Medians Mowina and Maintenance Annual Contract
THIS AGREEMENT is made and entered into this 24th day of March, 2009, 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 Vila and Son Landscaping
Corporation authorized to do business in the State of Florida, whose principal business address is
20451 SW 216th Street, Miami, Florida 33170, and whose local address is 4175 Buckingham Road,
Fort Myers, Florida 33905 (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 upon award of
contract and terminating one year from date of award, 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 (3) one 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 three (3) firms to be
pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement to
provide complete services for Collier County Right-of-Ways and Medians Mowing and
Maintenance on an as-needed basis as may be required by the Owner in accordance with the
terms and conditions of Bid #09-5194 and the Contractor's bid proposal, which is incorporated by
reference and made an integral part of this Agreement. The execution of this Agreement shall not
be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this
Agreement governs the rights and obligation of the Quotation procedure outlined in the next
paragraphs and all Work undertaken by Contractor for Owner pursuant to this Agreement and
that procedure during the term and any extension of the term of this Agreement.
Prior to the issuance of a Purchase Order, the Owner shall provide a summary of Work to be
performed which will afford the Contractor the opportunity to submit a formal quotation for the
Work; the Contractor shall respond with the information sought within seven (7) working days.
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Contractor the costs necessary to correct the
deficiencies directly related to the Contractor's non-performance.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the
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 bid. 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.
Payments will be maid upon receipt of a proper invoice and upon approval by the Project
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Manager or his designee, and in compliance with Section 218.70, Fla. Stats., otherwise knows as
the "Local Government Prompt Payment Act". Any County agency may utilize the services
offered under this contract, provided sufficient funds are included in its budget(s). Requests for
consideration of a price adjustment must be made on contract anniversary date, in writing, to the
Purchasing Director and if approved by using Department (could be contingent on funding) must
be based upon South Urban Consumer Price Index (CPI) based on the previous twelve (12)
months. Any upward price adjustment approved by the County shall impose upon the Contractor
the requirement to advise and extend credit to the County when costs similarly decrease.
Surcharges, if applicable, will not be accepted in conjunction with this contract, and such charges
should be incorporated into the pricing structures.
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:
Vila and Son Landscaping Corporation
4175 Buckingham Road
Fort Myers, FL 33905
239-466-2700 Telephone
239-466-4700 Fax
Attention: Wade Chapman, General Manager
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, FL 34112
Attention: Stephen Y. Carnell
Purchasing/General Services Director
Phone: 239-252-8371
Fax: 239-252-6584
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.
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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
said Agreement immediately for cause; further the County may terminate this Agreement for
convenience with a seven (7) day written notice. The County shall be sole judge of non-
performance.
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 Liability: 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 Liability: 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)
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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.
11. INDEMNIFICATION: To the maximum extent permitted by Florida law, the
ContractorNendor/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.
12. BONDS.
A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to
provide Payment and Performance Bonds.
B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond
prior to commencing performance, for the full amount of the Work, which shall act as a
security guaranteeing the performance of the Contractor's work and the payment by the
Contractor to any other party (ies) providing labor and/or materials in connection with each
construction or renovation project performed by the Contractor. The bonds shall be furnished
using the forms prescribed in Exhibit "A".
C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its
right to do business in the State of Florida, or it ceases to meet the requirements imposed by
the Contract Documents, the Contractor shall, within five (5) calendar days thereafter,
substitute another bond and surety, both of which shall be subject to the Owner's approval.
13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in
excess of thirty (30) days, the Contractor may indicate on his response to the Request for
Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor
must provide Owner with a fully executed Release and Affidavit in the form attached hereto as
Exhibit "B" as a condition precedent to release of each progress payment. All applications for
payment, whether for full payment or a progress payment shall be in writing, and in substantially
the form attached hereto as Exhibit "C".
14. 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
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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.
15. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from
specifications shall be approved in writing by Owner in advance.
16. 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.
C. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to
any right to damages or additional compensation from Owner. Contractor expressly
acknowledges and agrees that it shall receive no damages for delay. Contractor's sole
remedy, if any, against Owner will be the right to seek an extension to the Contract Time;
provided, however, the granting of any such time extension shall not be a condition precedent
to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply
to claims for early completion, as well as to claims based on late completion.
17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the
Work to increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as a result
of the change. Except in an emergency endangering life or property, or as expressly set forth
herein, no addition or changes to the Work shall be made except upon written order of Owner,
and Owner shall not be liable to the Contractor for any increased compensation without such
written order. No officer, employee or agent of Owner is authorized to direct any extra or
changed work orally. Any modifications to this Contract shall be in compliance with the County
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Purchasing Policy and Administrative Procedures in effect at the time such modifications are
authorized.
A Change Order in the form attached as Exhibit "D" to this Agreement, shall be issued and
executed promptly after an agreement is reached between Contractor and Owner concerning
the requested changes. Contractor shall promptly perform changes authorized by duly
executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the
Change order in the manner as Owner and Contractor shall mutually agree.
18. 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.
19. 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.
20. 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.
21. 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.
22. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The
Contractor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent
employees who are physically capable of performing their employment duties. The County may
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require the Contractor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in
the best interest of the County.
23. 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.
24. 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.
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.
25. 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 Change Order 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.
26.
COMPLETION. When the entire Work (or any portion thereof designated in writing by Owner) is
ready for its intended use, Contractor shall notify Owner in writing that the entire Work (or such
designated portion) is substantially complete and request that Owner issue a Certificate of
Substantial Completion. Within a reasonable time thereafter, Owner and Contractor shall make
an inspection of the Work (or designated portion thereof) to determine the status of completion.
If Owner does not consider the Work (or designated portion) substantially complete, the Owner
shall notify Contractor in writing giving the reasons therefor.
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If Owner considers the Work (or designated portion) substantially complete, Owner shall
prepare and deliver to Contractor a Certificate of Substantial Completion, Exhibit E, which shall
fix the date of Substantial Completion for the entire Work (or designated portion thereof) and
include a tentative punchlist of items to be completed or corrected by Contractor before final
payment.
Owner shall have the right to exclude Contractor from the Work and Project site (or designated
portions thereof) after the date of Substantial Completion, but Owner shall allow Contractor
reasonable access to complete or correct items on the tentative punchlist.
Upon receipt of written certification by Contractor that the Work is completed in accordance with
the Contract Documents and is ready for final inspection and acceptance, Owner will make such
inspection and, if Owner finds the Work acceptable and fully performed under the Contract
Documents, he shall promptly issue a Certificate of Final Completion, Exhibit F, recommending
that on the basis of his observations and inspections, and the Contractor's certification that the
Work has been completed in accordance with the terms and conditions of the Contract
Documents, that the entire balance found to be due Contractor is due and payable. Final
payment shall not become due and payable until Contractor submits:
(1) The Release and Affidavit in the form attached as Exhibit "B".
(2) Consent of Surety (if applicable) to final payment.
(3) If required by Owner, other data establishing payment or satisfaction of all obligations,
such as receipt, releases and waivers of liens, arising out of the Contract Documents, to the
extent and in such form as may be designated by Owner.
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.
27. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the Notice to
Proceed to be issued by the Owner. Contractor shall commence the work within five (5)
calendar days from the Commencement Date. No Work shall be performed at the Project site
prior to the Commencement Date. Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor.
The Work shall be substantially completed within the time specified in the Request for
Quotation. The date of substantial completion of the Work (or designated portions thereof) is
the date certified by the Owner when construction is sufficiently complete, in accordance with
the Contract Documents, so Owner can occupy or utilize the Work (or designated portions
thereof) for the use for which it is intended. The Work shall reach final completion and be ready
for final acceptance by Owner within the time specified in the Request for Quotation.
Owner and Contractor recognize that since time is of the essence for any work under this
Agreement, Owner will suffer financial loss if the Work is not substantially completed within the
time specified in the Request for Quotation. Should Contractor fail to substantially complete the
Work within the specified time period, Owner shall be entitled to assess as liquidated damages,
but not as a penalty, the amount specified in the Request for Quotation for each calendar day
thereafter until substantial completion is achieved.
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The Project shall be deemed to be substantially completed on the date the Owner issues a
Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly
waives and relinquishes any right which it may have to seek characterize the above noted
liquidated damages as a penalty, which the parties agree represents a fair and reasonable
estimate of the Owner's actual damages at the time of contracting if Contractor fails to
substantially complete the Work in a timely manner.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day shall be omitted from the computation, and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
28. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County
by the Alternative Transportation Modes Department.
29. 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, Bid No. 09-5194, any
addenda, Exhibits A through G, any Quotation/Purchase Order made or issued pursuant to this
Agreement, and any related plans or specifications for any such Quotations or Purchase Orders.
30. 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.
31. 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.
32. SALES TAX. 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. No
markup shall be applied to sales tax.
33. MMIGRA TION 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.
34. 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
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courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
35. 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.
36. 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.
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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.
ATTEST:
Dwight E. Brock, Clerk of Courts
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Donna iala, Chairman
Vila and Son Landscaping Corporation
Contractor
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ACORO@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYVY)
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PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
willis of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
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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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR -D~Djf---::- --.--------------r -------~----~"--_. ---- POLip(1 EFF~~ 1~i'}i,~tExPI~~J~~Nr-
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD YYYY A E MMIDDI Y Y LIMITS
A X LG~NERAL LIABILITY I 5417001009 4/1/2009 4/1/2010 [EACH (J<:'~~~RIO!Jc:.~. __I $ 1,000,000
I I X. COMMERCIAL GENERAL LIABILITY I ~~~~~H?F;~~JJJ~~QG~l_l$ __300,000 I
,-- - - .-1 CLAIMS MADE [xJ OCCUR ~_~~,~_~~_~t~x~nA rA~.:~~nL___ _~ ________n... '_ ':3,000_
PERSONAL & ADV INJURY .$ __+, QO QLQ QQ_
i..--- -.-~------..--.- __,_u,_ _. _ ______._____ .---
GENERAL AGGREGATE -.----- _L... ~,QOQ, 000
1~;r~~~~;;~Ir~MIT APF~;~~~: ___n_u'.'.
PRODUCTS - COM PlOP AGG $ __2, 00 Q, QO Q__
- ~------_._-----.- -- .-- __ __ - "'0 ~_
i PRO- l
' POLICY X JECT LOC
A X AUTOMOBILE LIABILITY 1387301616 4/1/2009 4/1/2010 COMBINED SINGLE LIMIT
(Ea accident) '$ 1,000,000
X ANY AUTO
- .- -- ----------._. ----- --- ------ ..-.-.-
X ALL OWNED AUTOS , BODILY INJURY
I (Per person) $
SCHEDULED AUTOS
X_ HIRED AUTOS BODIL Y INJURY
(Per accident) $
X NON-OWNED AUTOS
----- --------- -_...._-_._-.~--_._,--- -.--- -- -- - ______n_
I ----- --_.._--_.,_.__._--_.~-~._- PROPERTY DAMAGE $
(Per accident)
.G:JAGE LIABILITY AUTO ONL y. EA ACCIDENT $
-- - -----.-..---
, _. _. ANY AUTO OTHER THAN EA ACC $ .....
--....-.-- . -..----------.--
I AUTO ONLY: AGG $
i.E)(CESS I UMBRELLJ\.~ABILITY , EACH OCCURRENCE $
lu-ui OCCUR LJ CLAIMS MADE . - ----
I AGGREGATE $
__.n__ ----- --~._- "--~_.- ------
I !--) DEDUCTIBLE i ----- ----_.~-- --...-- ----.----. $ ------.- _._.n_.___
-.-- -~-'--------,----------- $
1---- RETENTION -_._----------.-
$ $
A I WORKERS COMPENSATION 4066803972 4/1/2009 4/1/2010 I.. WC STATU- JIOTH-
A. TQR'r"J'[M!I~I;B.. ___.________.n_
I AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERlEXECUTIVE [iU EL EACH ACCIDENT - L. 1,00Q,OOO
OFFICER/MEMBER EXCLUDED? ... __ __n______n_.__n_.____. -- -
(Mandatory In NH) EL DISEASE - EA EMPLOYEE .!n__L 0 QO, QOO
If yes, describe under - ....-...------.------.--------.-------
SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT $ 1 000 000
OTHER I
I I I
I i
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Santa Barbara Blvd 09-5194
It is agreed that Collier County is included as Additional Insured as respects to General
Liability and Automobile Liability, but solely in regards to work being performed by or on behalf
of the Named Insured in connection with the project described herein where required by written
contract.
CERTIFICATE HOLDER
CANCELLATION
Collier County
Attn: Purchasing
3301 Tamiami Trail E
Naples, FL 34112
SHOULD ANY DF THE ABDVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2009/01)
Co11: 2668639 Tp1: 909623 Cart: 12402155 @1988-2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
willi S CERTIFICATE OF LIABILITY INSURANCE I DATE
Page 2 of 3 04/10/2009
PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis of Florida, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191 I
Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC#
---- ---- ----- ~. ~~~_..~..~-~-_.._.~--~_._---_.__._-~~ - --------,- - ----_.~-_.~-~--.__._------ -------~-_.- -----_.."_._-~ - __u._. _____..._... ______._.__ -----------
INSURED Vila and Son Landscaping Corp _1~:3LJ_~f(_~l!Il:ij::,,<!_ ~~~~e,,__ F~Ee__ IIl,,'!.,,"I1,,"-_"-<>.ll\l'...'1L____ 21113-001
20451 SW 216 Street -------..----
INSURER B:
Miami, FL 33170 _._-------"._~------ .- ----------'----..-------------- ... ~-_..-.- ----------..- _____m, ---
INSURER C:
-----~--'------------_._------"-- -----..----.------------.----------.---..-----.-------. - -----
- INSURER D:
----~---'---_._------_._.._-----_._~_.._-----~-~~--- ----.. -~.~--- - --- ---
I INSURER E:
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Waiver of Subrogation applies in favor of Collier County with respects to General Liability,
Automobile Liability and Workers Compensation coverages as required by contract.
Coll:2668639 Tp1:909623 Cert:12402155
Page 3 of 3
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
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
Coll:2668639 Tpl:909623 Cert:12402155
Policy Number
54! '700WO 9
Crum
orsfer
l\ ".;U3.!'A:,! l>hIlFIIi".:)'
SCHEDULE. Of FORMS ANti ENDoRSEMeNTS
UNITED STATSS HnE lNSURI\NCE COMPANY
NWH)fJ IlHllm~d" VILA lw:.m SONfl J,J~l:nX;GtlPINQ.
E'f:fe~jr'le D[Jm: 04-01-2U09
12~01 A.M.. SfrmdurrJ 'firrYiI
Agentr.lc. fl3 3 :i,4
Agf.'IlI Netl'-!.i NILLIS on' ]j'L,ORlDP<. I<l11Un
CO~l'f.IlON' POLICY ]'OF.HS lUID :m.'\l1l0Rs:eM"~I'i"rS
ffH .2 0 G . (} . (} 04 - 9 ~ cor~JOl\1 por.:r:c'~ DECLARATIOTll
FIll 206.0.4 04-94. SCUJ!lDULE OF ll"OltllS llJi1.o lill:UlOBSEIoJ:Et.l'I'S
Fl1 206. Q. J..:J. 09-0" BIGN.AWURE PAGJiJ - US F:I.RE
.~M 20G.O.l 04-94 SCHEDUL~ O~ ~M~D ~NS~REDS
F~ aOG.o.J O~-94 Bc~nUL~ OF LOCAW!ONS
:CL fJll J.:t a-96 COZ-rt-lOI~ l'OL:tC"Y CONo:.tTImffl
Ii'!.! 20fj. 0.0 04 -94 SCHEDULE Olf'TitXlllsi.'GWCIIARGEB OR' FEE)}j
.".... 600. (.I 'H53 04 -!.H t'ltEU:ZUlt1 !'A,l'l:tl1a'rt' S'\,:lDWULIl:
Fl.! :!O5:0:20'1 01-93 At,w:lW:i4Jl:Nl' or CMC'lllLLA'.l':tl.1t.t COlID:r'I'ION
IIJ 00 2:l 07 ~02 NUCli&M TllNJt:RGY iJ'IAlnrdX't'Y EXCLUSIOl!J ENDT
1."11 108,0.816 11-01 'L'Q O"lJlt FJ.QRXDA POLICY HOLDlElr!S .
GElmR1U~ :r..un:r::r,I'J~r FORU1S MID Er.lDtmB'F.f1u::rw.rEl
CGl 2.<1 9~\
CG 00 01
ntl01012fl2
i!'.!~UO:l.Ol40,1.
F~t 206.0,,5
CG 02 20
CG 04 35
i'"tX.; 20 10
CG :'.0 34
CG 21 4'1
CG 215:5
CO 2.:1 '13
en 22 '1.3
co 25 03
PbI ~ 06019
V'lltJ.. [) 1 Q J,;W G
FlilllJ10l"l4:J.
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CG 24 04
GG 21 .3 9 .
lfH 2.0.949
10-1.11
:l.:?',-07
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'1JXt'I.lJS:rO~-Dl':!lG TO J/r01U< UY SU:BCO~ACTORS
Cor.oit41ilRCI.l\L (sJl-.:rm:wu. X,IABltJITY CCfIl FORM
ABSOr.tTTE; Asalilsrros l!lXCLtJStCtl
COl'~1 GL COVPARTF.lUPP DF1C:WU:tA.'l!:WN
COMP<)S:I'l'E RA'.t':tl'lrJ Pl:rAU El:>IDORSlllHEWJ1 .8 c:m::rm
. 1F1.. CHANGES ... . G:.lU'IC:Et.IJ\lt'ION & NOmREmli'IAL
m.U?LOYEE IlEl!1EFJ:'I'S LI1U3ILITYC01rEAAQE
1U.lP"l'J. Ir:i~!l-OfWlERB t LESSEES OR
'~t J:L!'ISv LEf'u'IOR or L'fi:A8Sn I::Q'UX
F.fo1PLOYl~ -ML1l.'.t'SOPltACTICES EXCr.Ui5IOlif
TOTAl.. Ii'OLL'O"l'ION EXcr:. l'1.I'1'U HQS':rILE F.IRJ!l:
mXCLUSION OF CERT;IFJ:lllD ACTS O~' ';t'll:MOIUS!-1
SXCL-)1::to~(3:t:t'l:EJERB. ARCa: QR SURV (PROF I.IA13)
DESIG~~T~D CONS~auCT~ON PROJECTS OE~reRAl:
cOt.!PQSrTE Rl'l.Tnl{;J PLMi .ElNDT
(~r. l!::mnlU'l{''.!!l~1J!JN'!' ~ND':l.'
11.RIH'l'R1\.TIot-:t Elm'l'-R~'2'RO :RATInG) F'LA.NS
QLEt~~Cml~ gt1DORSE~mNT' su~p SCHEDULE
BUBS:rl)E~lcmlmARTH MOV)ilI~!'IPJti!:$sU'at!l ~X(~l'.
e!G!, E.:r.rs I D:EF.S itXCL'lTSIOH
ECot.ILIAnt:r.:tfi
ADDL. ....r..ns.D- ..BY-WRt~TmL co~.."n.c!J.L!..
~LU9ION -~Ot~TnuOTr~J~~~J~CTS
UOI.lJ Il1XCI,\'JSION
C'ONS'l'Rt1C'.tt:r.01'IRlllLA'I'EDPRODilC'l'S AUENDA'l'ORX
ABSOLUrE SILICA EXCLUSION
Ll!:llJ') EXCr. END'!'
\'1AJ:V Oi' 'J'mUUi'Jt RU'.t'SOE":RlSC ~G O"rlI TO us
COZ!1'I'RACTUAL LIABlr.J:'I'Y LnU::'.1'ArJ.~ION'
]'LO.RWA :aURRJ:CAl'1E CA'I'AB'l!'ROPlm FOND 8/c
I"M 2<:m.U.2l4 84
:;:'r)ucy NUMG[;R:
541 7001009
COM,I\ERcrAL GENERAL UAlllUTY
CO 20 11] 01 04
rum ~NDORSEMeNT CI'IANGES rUE POUCY. PLEASE READ rr CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
" CDMI','fERGIAL Ot:NEfl'Al L1J\f.IILITY GO',iF-RAC,E p/lf(r
Ihls cndommn:ml mI11J!I!$slt\GIJl'WKXJ prDVided [Imler the fDlIowlng:
SCHEDtJlE
~_.., Name Of AddiU{Jn~e h15U....d~P;;s~n(9~
or OE9.aJ1YzR\tOIl(5) ~~ol1l~.QJ Cowted Or>Otl!lIJon~ .",~,...
. Af1"ln~(]<UIRED a1'I'ffiI'i;;;.r~r"i.:..",="
'I Cm.J'l'RAC'I'
b"ft~i'" op"'e'" Ihl'S';"~-.;.Jl;~!LIHl"" 00"''' wll b,,~;:;;;;j;l!t!tii~~!1!Jft.
A S0cUOTI II - \lVIw la. An InsurEu ia "n".;.ll{lo[/ tn
Include i\S !III t1l1Lllllorml insumd the penmn(a) Dt
orgB11lz;"ll1on($) :.hClwnln t!m 13Ghed~l!e. blJl only
wllh re~pect \0 fiabillly h1f 'hodll~t Injury", "proper!}'
dalflBJiS" or "personal fW1(IM..<t!tUohlil Injurf
Gfi'J..Jsed. lfl Wllo.!'::l or In pmi, by:
1. YQtlrac~a or t)rnl$$!vtls; or'
2. lhu 21:.:1:: or omir.r.lorJs of ~hQs(} l!-."J.f,ng 1m ytJ<1J:r
behalf;
7fr In 'lJ)I} perfQfmflM ('A;! pi yt,JIU nn~!21r!g opc:rallIJ11'3)or
IIll;! a[){J!Uonal !nslJred(s) 5f1ne rC'Ci'l~fJfl($) rJll!Jlg.
rtBted ;;iur:tve.
CIS:20 100104
O. V\1lo tesPl:lu[ to Ihe lnsu/'c1HCEl alforder.l h~ lhasa
l?,<3dilt()na! .lnwfctls, U,e: followlulJ' M1di~lormlp,;o:(;lu-
tile)n,,;; flpply:
11;18 Itlltt'Urooco dces. nl)~ nppl~' tD '1:!odlly iI1Jm~~' 01
'pr.opert~' dame-Jo" {;.:;C\urll"lg rn1er:
1. 1"111 work. ,m;lw;flh!;f malwlaliO, r:'ur1:.J l,.';' er~uip-
mallt furnished in {lorm~r:lkm ",IU; stJ(i!1 work,
tm lha. pn:Jje.ct (o~hf:lr than sfi:r.'lce, miiliotenanl.M
or rl'lpe~rs) 1(1 blil rfartormed by (if en boheJt of
!Iw additional Im:m"d(r.) "'1 tbe lo:::nllonof the
Dtlver>:Jd ty'jQtuitl1.Jrm 11[1~ b~'1ln comriel.ed; or
2. 111::1t porUon ul ')tuur V~'()Ik'! out of which In!'!
Injury or d[Jmll!.:u~ mls;fr$ h.:'l5 beel1 pUllo Its le,-
tsmlad Ufm tJy tiny p01'SGf1 or m[jl.1nii"Sut-ll
other thRn 6fIQ1har cC-fllri",r,;tor or $UbCMllrnclor
ct1fl.~(;tI ',') p-orfmmlng 'Ipera~onll for a prlnel-
J;lt:!. af; II pElrt uf tllo f;f:lIllU proJont
@ ISO f'rDpcr~t'[;, Inn., 2r.IC~l
o
Pug!: 1 of 1
VIII, MOBJLE EQUIPMENT
'The [ohuwing Js added under SECTION V - OEFlNf.llONS. 12, "M(,bn(~ EtlUlptlU,mP';
Para!jn:lp b f.(1) dG\f.:iJ Ilol apply to 5-I:l:Jf.pro pellfJ cl vehlclc:;s of 105%, th.lJH 1.'fJDO po U'tldl.5 gn) g~
vehicle v.:eighL. .
IX, ADOrnONAL INSUREDS BY WRITTeN CONTRACT
SECTION 51: - 'NHO IS 1I1~ INSURED III I:lmenue:J to IrmlmJll tlo!:i an ~fldilJ()nallnsutetJ
any f,lOrf.on {:If organization whom jlOU are roqUirad to add as. an addlUonal int)urf,~d ~n this
policy b,t (j. wrl!!slt r.ontri:1ct Of w'fiUen B[1reenlentthoo IS:
("r)
"
c:ufr!.'mlly In offrx;.t or t')(,)Gom!ng Gffecllvo during the term ofthla ponr:,y; rmd
I'?)
\"-
OxocUlGd prior to I.ho "bodily rnjur/', "property damage" or "persofJt:l1 and
AOllolt1Glnn Injury",
A Th~ In:svlanfi(! provid\'Kf tt) tha arJtJl~lona'lnsurod appUo.s. asfDllows:
1. That per$cm or org:anlmoon Isooly an BdditltH1Elllnsured ','nth re5pec~ to llabILl't}'
Callsldd by your neuUgen\ emls 01' mnlSil.ilorJ s at or [rom:
(8) pr8mlsIJs you own, raot. lease, or occupy or
(b) ~ltJur ongoing operations. performed ror the addi!lcmal Insured at the jt)\}
Ind\cat@rl b~' wrlUr.!1ff contract or wrttlen ag.reemerll.
2, The tirnn!3 of IrlStltaIlce ~ppIiGab~a to the t')(ldtl~onal Insured. me Ilmse spe<;ifletJ hi
thfJ. writttJ!l Qoolrnct nf 'written agro13mentot"' in tile Declaratlons ot this policy
wld(;t1f;1vm r:tre Ie!:,", ThB'se umas Mlmlllmndo filro incluslvo of Flfjd not In ml dltlu !I
\0 the Ifmlts of immrn 1lC5 shm\'Tl In the Declsret!<.lt/ 5,
Et If the addlli<mal illStm"t! is..an awhll!:m1, -englneer, or f,i;Utvc+yor:, tf1~ ImlllrBnr;e j.m;)'f,lfd'i3rJ
tD theadd~lon~r Insured doe~ not apllly to "uodllylnImy", "property damage~, or
"personal and advertfsJnglnjury" (:aus~d by the rendering of c'r failure to re,nderF.Hl)'
pmfe>g~i(lnI;11 l'i6tvir:es including:
'1, pmp.arjng, approVIng, or f~lIfng to propam Dr approve maps, dmw"ings, opinions,
rep1Jttls, fiUfveY5, bllall{Jeordef5, d~Hlg ti" (IF apm::Mcatlon (l: un rJ
suparvisor!" InBpectlon. or engineenng serVioes.
G, SECTION IV~ COMr'.'lfJ~Cll\t GENEH,AL UA81LITY CONDITIONS, under 4. OUU1'f
lns\~mnco, Is am'Dndf'''o as fo~ows:
In(;hHles r.-opynghted rnat>erlal of Insuranco Sorvices OfficG, InG.,
vi~h Its perm;s!;lon,
FM 101.0,1.20608 D3
Paga .4 of 0\
The fo/lolNing is addod to item 0,:
Regardless of whether other insurance is availablo to an additional Insured on a
primary basis, thIs insurance wfll be prirnary and noncontributory if a written conlra,cl
botween YOLl alld the additionallnSlHGd specifically requires that this insurance be
primary.
D. INtlh respect to the insurance afforded these additional insureds I tho following
additional exclusion ~tpplles:
This insurance does not apply to:
'I, "Bodily injury" Of "properly damane" occurring Edler:
(a) all work. including materials, parts or oquipment furnishod in GOrmHCUOtl with
sm:h INOIk, on 11m f)rojac.t (other than servle8, maintenanco or repairs) to be
porformm[ by or on behalf of the addltlanal insured(s) at,the site of the
covered operations has been completed; or
(b) that portion of "your work" out of which tile injury or darnage arises has been
put to its Intended use by an'll person or organizatlon other than another
Gontr'dctor or subcontractor engaged in perlOrmlng operaHons for a principal
as part ofillo same project.
X. ADDITIONAL INSURED. STATE OR POLITICAL SUBDIVISIONS - PERMITS
SECTION II ~ WHO IS AN INSURED is amended to include as an addltional insured any
slate ur political subdIVIsion which has issued a permit 10 YOll.
1. This applies only with respect 10 operations performed by you or on your behalr for
which the state or politlcal subdivision has issued a permit,
2. This insurance does not apply to:
r1. 'o8odil~' Injury", "Property Damago", Of "Personal and Advortisin[) Injury" arising
out of operations performed for the state or municipalITy; or
b. "Bodily Injury" or "Property Dalr1a~le" included withln tho "Producls-Cornpieled
Operations Hazard",
XI.
PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS
-'---,~
The follm'u'ing is added under SECTION I - COVEHAGES. COVERAGE A. BODILY
INJURY AND PROPERn' DAMAGE LIABILITY, 2. Exclusions;
InCludes Gopyrigtlted malerial of Insurance Servtces Office,lnc.,
with its permissIon.
Frvl101.0.12060B 03
Page S of 8
PoUcy Number
_.~..:..:
406 6803972
Cru~I~~~!!r
SCHlillULc OFFORM$ -.AND a-.l[)ORs.~MIftNrS
mUTE.D8TATEB FIRm T.'NSlltntlU"tCE COI<IP1oJJY'
E'ffe~Jh'a D~te; ()"l, 0 1 ~20()9
1~:tl1 AM., SL'.r:ldard Time
^Ilent No, (133:4 4,
Nsm:O'd In::;1Jrad VILA MID t3CJNS r..M:ifDSCAPHm
l'if1ent N;',rtlC
WILLIS OF FuO~T.D^ ~ MIAMI
\'!On.y...lirRS COUPENSATXO~i FOfU.sS Jl..NO m:IDORSEl.lEU"1'S
we 00 00 00 A
VI-! 2 (:I tL U . 11
we 0000 01 c
!,-'!,! 2 (I 0; _. I) '1
FM 206.0.2
FH 600.0.96'3
He 1']";
I!'~.t 110.0.619
m.t ~;(l1.0.1M,1
FI" 10:t~ Q. ~,544
l"f'N 206.0.204
\'JC 00 03 03 B
NC 00 03 03 C
\'le 00 OJ HJ
. 'l'lC 00 03 13
vl"C 00 04 lA,
Ide ()$) 03 0:3
we 09 04 0:).
we 09 06 06
tile 34 03 01 :n
tole 49 L>3 01.
t'le! !HJ 03 02
1"1,% 111. lJ . 7 54
we' 09 04 03A
O!l-07
07...97
(14~94
(I't;~94
04-~4
Jl4,-64
(17 -87
11..96"
02~02
07-93
oo-os
07-03
01-DO
Ol-(HJ
INSURhNcm POL1CY
us F:r)U11 INsanANcm cmn~AI'1Y :lfIObTATOltEl F.NJOCi:
:rtfFOlUfA'1'IONJ1'.lU.llil - )\!At;l~ 1
.ljClmpOJ.l~ OF NM-IRl J:Nstmti':nfl'
SCHEDm"m O~. FOlUIeJ AIm ENDLJRSJ1I:.IEmS
~n~Jlm4PAnlmNT SCHEDULE
VIC1U~.o EtDi'L LJi:Jo...U EXi.....tiNgJ:m-~ 01\-< :ntii'O PAGE
we Fon.:mIcm VOLmWARY cm.!p &:. Et. eoV' reNO'!"
AltSI 'l'RA'I'ION 1I1r>100~SreR-lEm.' .
R..'tl.nc M':J:'re1:1TJ:ON AGGREGAT.r;: t.:tu:r,Jl'
)\J,1Jitt.mM1it~ OF CANCELLATION CO!mI.~lH:ml
1!:t,!PLO~Ra: LTllSILI.'.t'Y COVlill\AGEEmOO'
El'lPI.OYIUlS LIABILITY COVElMG.E i:.Nt.,.'l'
gOLE PROPR.I1i~'1Ol{S I PART-HaM, OJ.!'Ji'X CEES ENO
1'1AIVllta OF PTJ1iRIOlt',V Ij.'O a~coY.r.n
NOTr.P.":r.cn.~:r:c:m 01i'CH"Atl<m:f:ll1 m>umRs:nr1;JU1P'I.'
FL Et,unJO~J~llS LID COV. ElI'roT"
l!'L CONTRACTING pml~tIU/:oI AUJUS'l'[m'fl' END'l'
Ii'L W.JP:l.OYJiIBNT Q t-1AGE J:NJfO iUllItE.l\.S!r ENDT
all' E:t~Jn~oy:tll1W LtU:rI.IT'Y COVEP.AGlF. EJ>1S1J:'
WY AMEt:mAFJ.'O!fr EN:lJT
J;o'L DEDlJC'l'I:BLi-': Fll'IOOltS!:UlEI!i'l'
POT,ICYHOt..rrER OJ;SC1..0St1RE nO'l'X.CE
FI.ON! lJA 'l'ERRORI s~r .RJ: SK :r.lIJBURANCE
1M :!0i3.0.2 (';.1 \}'1
WAIVER OFOUR RIGHT TO RECOVER fROM OTHERS ENDORSEMENt
T~lls ll!1dorser!1~lI1t c:hungos !he pollr:y to which Ii 15 aHadu~d ell"eolivl' {In Incopl1on dale of Il1e poncy
unless a tHtferenl date ts ifltJlcilted bolow.
[I'hoa PJU&,'lin!j ";lU'Jt;J,lllg c1Gill!lf.l'l'lIruJ 1m r.anrlf!"Jk~11 tlnljll\hE'n lhill tJrlllorsEl'mmt rlli 1"1;\101.1 JIlJhElllqUEfnl i.u pri!p;;ttilnlill nr (he polley)
This el1fltlr1il,Jlmllltcf.'edlv(~ 1;~:01 .AM 04-01.2009 forms a flart !}f Policy No. 406 6803972
h;:$lJod to
Vila find SOr1lands(;gplng Gorp
By
United StHtes Fire Insurance Cnrnpnny
Premium
tm.:lutied
'v'Je hi'lVl~ the right to fat,lMlf our p.1~rman'5 fmm ~m}rOf1e f1t~hl~} for an lfllmy (;(Mlred by tills policy. 'Nn 't.1tl
f101 enforcQ our rlghl aHalmll tho pmson or tlfgani.Ultion n<llll(Hl in the SchedlJla, This agreement applio5
only 10 lrl<C< n:denlltml you pnlfrJrTll'h'Ork llndflf CI',VTltten (;~mtraf.)t that tfHIUlf$'$ you to obtain thl;s
e.gc~mmont from W.l,
Ibis clgrocmant shall nul OpOrf.lto directly IX IlIIflractly 10 bflfleflt anyone not named in the Sdle<lIJtff.
Sche du!e
Callntet51gJlf.ld by <d....Jr ~.~~
I,ulh oflzed Replosontative
This n:.nm Is not applicRhlE;iln C~llfomli3, NEI',v J~rs(jY. or Te"':~,"$,
we 00 03 13
(Ed.4/64)
Copyright '\9(18 NaUonal Cool1011 on COl1lpensal!tlfl InSl..lHmCfJ
Policy Number
1387301616
Crum;
orsfer
~ A wJ.r~I~'tx CiH:~ rn n r
SCHEDULE OF FORMS AND ENDORSEMENTS
UNITED STATES FIRE INSURANCE COMPN~Y
Named Insured VILA ll.ND SONS ht"lJ:>,IDSCAPING
l\uent Namo 'tJI:"LIS OF FLORIDAHJANt
Effective !late: 04-01-2009
12:01 A.M., Standard Time
Agonl No, 833.7. 4
COtll10N POLICY FOID1S AND ENDORSmaENrs
nil 206.0.6
Ft'l 206.0.2
Ft4206.0.11
PN 206.0.1
TT. IHI 1..,
Fl'! 2 0 6 . 0 . a
1"14 600.0.963
IJ:. 00 21
F~l 1. 0 B . 0 . 816
04-94
04-94
09-07
04-94
11-qR
04-94
04-94
O'/'-U2-
11.-01
AU'I'or.l0BILE FomfS AND ENDORSEMElir:rS
Cl. 20 01
Fr.l206.0.19
FH 114. O. 1116
1"11 114.0. l1I.6A
CA 00 01
1"H 101.0.1544
1""1 206.0.5
CA 01 28
CA 02 67
CA 21 72
F~1 114.0.1.254
CA 22 10
ell. 20 56
CA 99 03
ell. 99 16
CA 99 23
CA 99 33
CA 99 44
ClI. 99 54
FM 114. 0.1263
:nU14.0.1269
1"112.0. a52
PH l1l1. 0 . 1041
1"H 2.0.949
CA 99 10
03-06
07-03
04-06
04-06
03-06
02-02
04-94
02-03
07-07
03-06
06'-03
07-04
02-99
03-06
12-93
12-93 .
02-99
12-93
07 -97
02-02
04,-02
12-03
01-89
J.:2 - 0 6
09-02
COMMON POLICY DECLARATION
SClmOULE OF FOR)lS Al~D E~IDORSEMEWrS
SIGl>lATt1RE PAGE - US FIRE
SCHEDULE OF NAMED ~NSUREDS
rOMW)l'\1 POT,TCY C'OI\IDT'I'IONS
SCHEDULE OF TAXES, SURCHARGES OR FEES
PREfUmI PAYJ.tENT SCHED\1!,E
HUCL1::1\.l(.Bt'lBRG~ L:IJl.,HlLl'l'): EXCLUSIOll) B~IlD~l'
'1'0 OUR FI,OR!!)A J?OI,:rCY HOr,DERS
ADDJ.. n:JSlJ-I,ESSOR
COMPOSITE RATING PlJU~ ENPORSE~ml>n
BUSINESS AUTO POLICY- DEe
BUSINESS AUTO DECLARATIONS (CO~~II~D)
BUSINE.SS AUTO COVERAGE FORl1
RISK RETENTION AGGREGATE I.IHI'l' Ez.JDT
~mNUSCRIPT ENTJORSEMENT
FLORIDA CHANGES
FL CHArilGES - CANCELLM.'ION AND NOl'lRENEWAL
FL mJIlilSURED HOTORISTS COV - NOt>l STACKED
COVERAGE SDIBOL ENDORSEMENT
FL PERSONAL INJURYPROTECTIOl>l
FELI.OW E1>:ll?LOYE:E COY FOR DE:SIG Em1PLOYEES
AUTO lmOl:CAI. Jii'AYldENTS COVERAGE
HIRED A~'O SPEC:tFIED AS COY AUTO YOU Ol~~
REM'AL REIl'IBURSEl!lEliJ1' COVERAGE
EMPLOYEES AS INSUREDS
LOSS PAYABLE CLAUSE
COVE.RED AUTO DESIGNATIOn s~mOL
COm.U:RCIAL AUTO BROAD FOIU1 ENDORSEr/lENT
FL-DED INSURANCE DAMAGE & DEF CODmINED
REJECTION/ELECTION OF' on COVERAGE
No'neE 'ro FLORIDA AUTO P/H WITH P .I.J?
FLORIDA HU'RRICANE CATASTROPHE
D~IVE OTHER CAR CaVERAGE
FM 200.0.2 04 ~'1
Crum -;,L<:\ orsfer
I. t}jji;j{(X cilm p.r,)'
Vila & Sl.1nPol. No. 138730\61 (,
(Set! Page 3 of 5 for Additonat fnsured
W Ol-dillg)
THIS ENDORSEMENT CHANGES THB POLICY. PLEASE READ IT CAREfULL Y.
C(llVIMERCI;\L AIJT(lIVIOBILI~
BROA~D .FORM END()RS."ElVUi:NT
. .
This endorsement modifies in~urance provided lJuder the following:
UUSlNESS AUTCJ COVrCRAGK FORM
With respeot tu c.o\'eragc provided by this endorsement, the provisiolls of the C;overnge F (Ifill apply
uules,,> lllodified by this endorsemont.
A. llro:ulcned Insured Status
The following af!) wIdell U$ Nalllcd Insureds to this p()lic>~
!. Any suhsidiary which is n legally mcorpmlit('.d entity of which )'0\1 own a finuneial interest nfmOfll
tlian 50% of the voting stock 011 the effective dl\t~ flnhi~ Coverngo Form.
H()wtw(~r, the inSLJrllnOO atlhrded by this provision. A.1. docs nul apply 10 Jiny b1lb~idiar'y that is an
insured lImh:r fWY other a.utomobile liability pu!it;y, or would be all illsurl'~'l ~mder such policy but
thl" the temlin3lioll OfsllCh policy or Il1il e::dlfluslion uhlich Imliey's llmils of insurance.
2, Any urganizaljon you m:wly acq\llre or fbnn, nud over which YOll uwint(lill rnajorilj' inlerest.
The insur,lUce afforded b)' thil) prmlsioll A2,,:
(II) Is efrectiy~ m! the ncquisition or fhrmation dellI, flllel ill aflbrdcd only UTllil the end 0[(1Ie poHcy
PI:ll0r! oHbis Covcragtl Form, IJf thel next anniversary ofils inception date, whIcLev(H is
earlier.
(b) Docs not f1pply to "bodily injllr}" or "proptlrty danmge" resulting rrumlm "accident" Ihat
occurred before you ncqulrlJd or 10rmed Iha urganizalhm.
(e) Does not illctmle iHl}' newly m:llllirerJ or form(;cl Clrglw;zattOt1 tbllt is:
L A joint venture or p!utllcrship; Qf
ii. An if)r,UIOd under <illY olher automobile liability politY, or would be an im;tITed
under l>\H;,h polic}' but lix lhe temlinutioJ1 of sHch policy or the cxiHlIlstion of ~Udl
poiicy's limits tJfitl!~urlln(~e.
H. Coverage Extcnsiuns - SUIJplcmentnry l'a}'mCillil
SUpplCllwutmy l'il;tlTICnlf. a ,(2) and 1>.(4) in Covemge E~.t.(~l1"ilJHS (Secli()fl II) arc rcvlst"d as follows:
L 10 il.(2), the limit for tlmcost ufbail bOllda is ifJcn:asedlv $.3,000; and
2. In li.(4),.the limit fur Ihe u(:\llHl .Im-m of camings is. incre8Sl:d ro SI,OOO per day,
FM 114.0.1 263 (2102)
}>;lge 1 of 5
Co Duties lu Uw E\'tlllt Of Au Acddeut, Claim! Suit, Or Loss
I. ,,'our obEgation in j ,or,s Condition I!n (Section IV) ndalive to notification requirement:> applies ouly when the
";wddcnt" or "Io;;s" is klWV,'Tl to:
n. You, if/be namr..i "in;;;ured" is nn indivtduaI;
b. A partner, iHhe named "in!!.med" is a Jntl'lncn;Wp;
c. A Inember. if1hc !llIHled "insurod"is n jOlrlt ,'curum or limited lillbili1y (10rnpan:'t'; or
d. AIl tl:'H}t;lltJve officer or iJlsurnnce rIlatHlger, ifthe named "iuslll'en" is an orgaul,wtioll other than iJ
partnership, joint venture or limited liahilily compauJ.
2. "i"OllI' obligation in LUES ComWiou 2.b (S(,c:tinn fV) relative to providing us with documents cunccmiu& a claim
or "sui I" will 110t be COD5idlm~d breached \lnl~ss the breach or:enrs niter such dllim OJ ".,Hi tit is known to:
i1. You, if Ihe lH\I1JE[1 "in!;ull~(r' is Ml individual;
b. A pnrlm:r, if (be named "itlwrec[" is a parluersliip;
I:. /\ memher, if Ihe llflloell "iusurccJ" is a joint vcnlun: m limited lillbility wmpnny; or
d. An executive offic.er 01' i[jsuraH(:~. manager, ifthe Illlmed "insured" is an organization other lhan a
pnrtncmhip, joint. vel\tllre or limh(ld liability company.
n. L1 ninttmliomd Fullum To Disdl)$e Hazards
If you unintentionally fail 10 dtticlosc anyha.zards existing on dUl effectivll date of this policy, we wm not deny
coverage under tbis Covcrllge Form because ofsuch failure. HO\v(lw~r, this provision does not afflJc.t our
right to collect additional prc:wiutll due to us as il I'1JI;11lt ofibl\110 11l1disdosed hazards in Hcconbncc with om
filed fating plans.
E. Coverage Territory -ShOl.t Tenu IIired Cnnnl1ercinIIlAlll.ml"
Thl.: fblJowing is addnd tn the Ganmal Condition 7. PolicyJ'erilid, CU\'lJ.tBgt) T<;~ritory (ScctioilIV):
t: AJl)>whcre in the world if:
(l) A covered "auto" oftbu l)ommen:ial van, pick"up, or tmd( lype islcasad, hinKl, rented [}(' borrowed for
a periutl uno daYfj or less; Hwl
(2) The "insured's" .esponsilJililY I{l pay damagmi i;y lleterllli:ned IU H h:mH" on the merits, jf! the Unitt'li
Sillies of Amcr1c,n, tho tCl'ritorltlS and p<}~ges!iions of the United Stat c!; of AUlcriCfl, Puerto IHco. or
Canada or 111 :'l.~etth:mcntwe agree 10.
'''''e will al50 ,10'1')1" "Io,,!;" to, or "twcidents" involving, II covered "illlto"while being tran$pmted hetween any ur
thesG placet>.
1"1\1 n 4.0.1263 (2/02)
I'a.gc 2 01'.5
F. MfHltal Anguish Resulting Fmm "Budlly Injuryt'
The definition of "bodily injury' in 8ectlon V~. DeJ.1nJlions is rcplac,ed by nil.) [ulltlwjug:
"Bodily lIljUr}" meal1S physical injury, physical :sickness or physical disease smmtIl1cd by rmy person, indmJiIJg
"menial rmguislt' or death rc~mlling flum any of tlH:SC" It does not include mental anguish to lW)' person which
(lecun; in tbe. abs:JIH't~ ofphysfcal injury, pbysiel\1 sickness or physical discast~ to that person,
For the purpose of1his pm'.'isioll, tho term "m!llltrll fwgulsb" shall mean lmy Lype nf mental ur emotional ilIum>.s or
dist rc~s,
(-'
I.
NOIlwOwned Autll Wuiver Of Subr<Jglltion
"VI: lwn:by wllive any right of subrogation again~t :any Of}'mlJ' oillcers, directorN, or "crnplo)'ces'which
might !1rischy tf:fHmll of any fJa}mllnt umler 1he imrurancc afforded by 111hl poli(;y )lw [he uperation,
rrmrtlleUallCe, use. luauillg, or llulollliiuH uflJolJ-uWlJl;;u ",wt..d'. Till,,> \'.'ah..:, ,;)dvihh thJy t.;, i;.,y".cn~:; ir. ;;;:,,'.0:,,; ;')f
nthcr valid Hml collectible insuram:u available In t1'fl offie:::r, din,:(:lm, OJ "employee",
n. llhmhet 'Valve!' or SubI'{)gntiun\"hen Re(IIUred lJodCl' \Vclttau Contract
J'he ft,lIo\'~n,g is added to Section IV . BU3incss l\uto Condltioru;, A,S. Tmm;[nr Of Hight~ Of Recovr.ry
AguhJst Others To Us:
H(1w~wel', we \vaivo ~my right of recovery Wt;; may have again,..t a person, orgllnizlIliotl Or govr.rnment
enlilywht:1l you havc\vaived such right nfrecovery !lnurr l.l wril1 en l'tnSlln:d contract" provkled such
written "jrmrrt1J CHl1tnlm" I!<;
L cllrrcnlly in effect or hecoming efleclive during the term of this policy; and
2, tlXllcuted prior to the "lU:.t:I()(:I11" or "los~'; or
3. eXl:t:lJled after tbe "acciucnt" or "Ivss' if:
Ii. the terms nml r;(JtldHh)(l$ ofthc wnUtm "insured contract" had bl)cn agn:(~d \lpon prior to the
",Weldent" or "lans"; ond
b, you can definilivtlly estahlish that the tr.rmB Hwl comlitiol1s nfthe written "insurerl (XHllmd"
ulthnately executed are the l:illm(l as those ,,,'hich hall hC<:l! llgr~cn upon prior to tho "acddNJl"
or "105:-1',
I. Ul:ml{[,:t AddUionullusured When Re1luired tJ lidoI' WriUen COlllntd.
\VIla Is At.llnsured (ScCtiUIl H - Liability Coverage, 1> ant graph AJ) is amended to add:
d.. AllY perwn, Qrgaillzatillo or gOVCrJI1Hentlll entity with n:.Bpcr:t to the operation, main(l'mlm~tl, (.1' 1m.., of a
l;(WCrct! "autu" if )'VH ,lIe; required to add lmdl pell>Xm, orgllpjzation Qr gov(~rtll.nel.ltaJ entity to this policy /15 an
addllhmal "insured" in OHler t.o I;[MWly v.'ith tho tOITTI$ of H written "insuredcontract" or ',wIlter! llUJeemenL
This Addit]{1Dllllmmrcd stntus is nol coufbl'edwhen S1Jch "instln,cd J;:l11lCrlwt" or written agreemsnt:
I, involves the owner or ~n}'(me el~e from wnor:n )ofm hife or harm""" a covered !!;m~.o" llnlfls<: it is
il"trailel" connected to 0 C(lv(~rtld "anid' you (l'.:\O71; dr
FM 114.0.1263 (2/02)
PAge 3 of5
2, is I.:Xt~Cliltld alLer the date Of"llccitlcnl" or "Ios.";
l':ml~'fapb d2. almve 11m,s 110t apply if:
a. tilt' l{:rlllsrmd condition~ oj'the: wdlten "insured contra!:!" or V.~1tlell Jl.fjreewent had b~cn llgn~i~d
upon prior to tht1 "accident" or '1035"; Hnd .
11. you elm definitively el'-tllblish that Ihe tnnTlS arid conditiOI'm ofthe written "insllnld r:rmtmcl" or
wlitl'lu agreement llltinmtd.y executed are the Slmlll as lhose which had been agreecl upon prior
to the "accident" or "Io~'.
.1. I)hysiclll Harnage - Glass Hrcl.llmg!.l
If you carry Compn,hiHl!iive Covc.ragc j;;)r lh" dmnagerl covered "auto", thcnlhis (;o\lmageexten!';ion
J. appHes tn that covered "auld':
The followill~~ pfIl"ugraflhis added jo AJ., OIIl.,S Breakage (Sadlon liT);
Any ulltlm:tihle shmwl in the Dcc:hltHlions will unt apply to glass breakagl: ifS\ICh glansh; repaired, in fl
manne, IICt;cpliiblc tu liS, w.t1lcr than roplur,cd. Hthe glas,'; must be replaced find thoTll 1:'1 no other damage
1ll>$odat~d .,.,.itlI the "lu&:.", the deductible will be SI011~mle5" a Imver deductible is SilO'NII on the declarations
page filT this cDverage.
K. l'lt)'sicnI Damllgc -
Increased TemplIr.uy Trlllls{Jortatiun K~pl.!J1se, htduding CO'i'crngll
for CummereiaI Vcldcles
[1' you crUll' Cornprehen~i\'e. C(lV{'rl1gf~ for the damaged t:o...~red "auto",tlHm this c()veragtl cxlclUiiou K 1. and
lC2. applies if the "Iosll' results irom II COn\)lre!lllll.~ive "Io~s", eVllll iftIH' covered "auto" is not arHIe, pn';ate
paiiSt.:ugcr type. If }'(JU can)' Collit;on CIY\>t.ltflge for the damaged wv(;rt.:d "auto", then coverage ext.cnsinn K.2.
~pprics ifthe "h)~s" results from 11 C'nllisioll "loss", oven ifHm lx~vl~t'ed "nuto" is: Pot nflhc private passenger
typc:.
I. Paragrllph A.4.Il, Covcmgo Extctllikltlfi (Section HI) is H:vlSCl.l, \..~lh TC~T1t:"t to telt1ponll)'
tran,p0l1ntioll
E.xpensa8 ioeunod hy the named "insured",W provide a per day limit of$50 per da}' s\lbject to a
maximum limilllf$l ,:s00. In addition, tho wailing period is llercby reduced so thllt cc.wen1ge wilt begin
24 hours !lftor tho tlid!.
No dnc!nctibler, shall 3pply to this CQvr.mge.
2. Wu wm pay for necessary and <letuaI additional tmlJ~1JOrllllion expefli:eS, including rlmll.\!
rdmhuri:emellt, incurred by j!Jc llfuutlfl"insured" dUll to "10$", m.her than the1i, to :l em'Dretl "aUld'
v~ihit:h is-:
~, identified or describ~d iIlllw Declarations or Schedule; and
b. carries physical dflmallc <:ovcrag<: fbr thb '10:;;';;" under this policy.
ThiD C(.VCfl1ge shaH be pwvidt1d WLtllout deductible tlnd is Hmit~d to $50 per day subject to a rI"laximum
limit of$ i,5011, This t1U'Jcrage does. not apply while r.bere ate 5fJa.re or reserve "aLttus' il\'aililble to the
umn~d "in:;.urcd." We will ullly pay lhr those additional trEtn~p(lrIFlli()l1 l:>,penSQS IncuITi3d during 1}J{l!mJicy
P(~riotl bc!:innin!l 24 homs aD c.r Hw "/OSli" ilnd ending, reganlleta:l ofjlJe pollcy':> e:l.l1irafion, whon tbe
cO\'{lT(lll "allto" is repaired or TQ;plll(~"H!, UI'WB pay for its"lmis", whidllwer jq earlier.
FM I J.Ln.1263 (2/02)
Pa'....c 4 of ~
t' ...
L. rVhlltiple DedllctiblePmtectiun
lfynu CillTY Comprchcnsi\'c and Collision coveraglls fur the dtlmnged covered "fLUtmt'. then HIlS co\'erage
extcnf'lion 1.. fipp]jOS 10 thmw (;ovctl..',d "IHll(J~':
The lbllnwing is a.ddcd 10 Parllgral)h D. DeduGtible under Section In . Physical Damage CoveHlgc:
Vv'lwucvcr II covered "aulo" lllld trailer <lrt: each c1arnagtHl in the same "Joss" while operating as a combined
Hude illld IUliler unit, only nno deductible shaH apply 10 Hw"accident". The lilrgt\r ofttw lwo di.\(hw1ihk.s
shall 3pply.
If another puliey or (:[J\'l.~mg(l Rmn js~ned by us, that is !lot au automobile policy or coverage form, appli.c!;
to Hm samc "105ft or "accident", the following applies:
1. lethe dcdueliblc under Ihis Businl;ss ,h,.1110 Coverage 1:0I'1ll i$ not tlle large!'t deductible, in...m
be waived.
2.. If the deductihle ullder this Business Auto Covorage Fottn Is1Jm hnR()~t tlj~r1uctihle. it will h(,
rctluCt;d 11)" the :llHmml of the smaller (or smallest) dCltuc1ihle.
lVI, R:dfil EXll~lISe ~St..Jelt VehIcle...
The fnll<lwing is added under Paragrapb A.4.u. Cllnm(g{jnxh~ll!li(HlS of8e~li()u :rn -I'liysi\:al Damage Covernge:
We will pay for ,511 reasonable untloCC(:ssflry expenses to letum a stolen covered "auto" to iha numed iil.=mrcd if
stich covered ",mtn" cardo:> Comprehensi\'o coverage.
N. Extended 'rowing Cuverage
[fille name.dinsured carrie,s Comprehcnsive tlntl Collisklll CovI:Jrage lhr thll rlmnaged covered commercial
"aulo", Hum Ibis (:(lvntflge extell!lioH N, applies to that covered "autn", Iflhe damaged COVOrljrl "nUIO" is llflhc
private pfl:"lSenger type, then in lHldililHl to Compl'tlwHslve and Collision Coverage, the damaged covered "auto"
must also ";'1rry Tow'illg Coverage in order for this coverage' extension R tu apply.
We will jHlY fbr towing ana lll'i'iOciated labor co~1s each time a ()l.lVcn~d "aulo" is disabled. Alllllbm lUllS( hI:
perIimlleu al the plauL: of disllbhmJCot Irthe "aul(~' is llf the private pa:>flengcr t))) 0 , then:: ,,~U be no deductible.
Iftlw "aulo" i~ not a private pa1mmgcr type, a $250 d(:dllclibh~ ""ill apply to this r:ll\'emge but jt \vill not reduce
IIw i1wlila!:1lo limit ofiosm'llllce. For ull tYVes (}f"untoi', the most we will pal' under this {~OV()rago is $1,000 per
rusublmnonL "Aulos' '\\'mch aro disablod do 1J()llu(;lhuh: stoh~t\ vehicles.
O. Airbllg Cove rage
lftllo named "in.'mf!!d" carries Compn~hcn$ivl: and Collisiou Co\'(:ragi: j~l\' 1he d~m(lged cnvftJed ";luto", then this
(;Oller.agf: m~tlmsto!l O. applies 10 that cnvnreo "auto",
The following is added to subparaQ.raph 3.n. under Paragraph 11. ExclUSions (Scc~lon III - J)bysllml D!Hwlge
Coverage) :
The ueciucnlal di$;;hHr,ge uf ,m ail bag siwlllWt Ii(: considered mecil.1nica11.Hcakdo'M1 and therefore shaH not lie
excluded. This proVIsion doos not apply to "auto:;" YO!l hin~ with .~ drivel' !lod it is 1(~ceSS ov(:r any WlllnLlity
''''Pcducally t1e,s.iglledllO prllvide this co'{crage.
FI'..1 1 J4.0.12lj] (2/02)
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