#09-5239 (Hannula Landscaping & Irrigation)
A G R E E MEN T 09-5239
tor
Annual Contract tor Landscape Maintenance Vendors
THIS AGREEMENT is made and entered into this 28 day of July, 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 Hannula Landscaping and Irrigation, Inc.,
authorized to do business in the State of Florida, whose business address is 28131 Quails Nest Lane,
Bonita Springs, FL 34135 (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 the date
of the Notice to Proceed, and terminating one year later, or until such time as all outstanding
Purchase Orders issued prior to the expiration of the Agreement period have been completed.
This contract may be renewed for three (3) 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 seven (7) firms to be
pre-qualified and awarded a Contract to each firm. Each awardee will enter into an Agreement
to provide complete services for Landscape Maintenance in specific categories. Some
contractors are identified in one or more of the following categories: Category I - Landscape
and Irrigation Maintenance (Hannula); Category II - Mowing and Right-ot-Way
Maintenance (Hannula); and Category III - Tree Service on an as-needed basis as may be
required by the Owner in accordance with the terms and conditions of RFP #09-5239 and the
Contractor's 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 to all the Contractors in a specific category which will afford the Contractors the
opportunity to submit a formal quotation for the Work; the Contractors shall respond with the
information sought within the time specified by the Project Manager. The Project Manager will
award the work to the Contractor that submits the lowest responsive quote and the successful
firm will receive a Purchase Order for Work including incidentals.
In each Request for Quotation, the Owner reserves the right to specify the period of completion
and the collection of liquidated damages in the event of late completion.
3. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work
pursuant to the quoted price offered by the Contractor in his response to a specific Request for
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Quotation. Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
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:
Hannula Landscaping and Irrigation
28130 Quails Nest Lane, Bonita Springs, FL 34135
239-992-2210 Telephone, 239-498-6818 Fax
Dale Hannula, President
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: 239-252-8371
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.
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
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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 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) 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.
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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. PAYMENTS. Upon execution of the Contract and completion of each month's work, payment
requests shall be submitted to the Project Manager on a monthly basis by the Contractor for
services rendered for that prior month. Invoices shall not reflect sales tax. After review and
approval, the invoice will be transmitted to the Finance Department for payment. Payment will
be made upon receipt of a proper invoice and in compliance with Section 218.70 Florida
Statutes, otherwise known as the "Florida Prompt Payment Act." Collier County reserves the
right to withhold and/or reduce an appropriate amount of any payments for work not performed
or for unsatisfactory performance of Contractual requirements. Contractor. Services beyond
60 days from the current monthly invoice will not be considered for payment unless authorized
by the Project Manager. Also at the end of the County's fiscal year, September 30, invoices
must be complete. Invoices submitted for prior work in the fiscal year unless authorized by the
Project Manager will not be accepted.
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.
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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.
16. 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 Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
A Purchase Order Modification 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 Purchase Order Modifications.
17. 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.
18. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. During the course of the Work, Contractor shall
remove all debris, rubbish and waste materials from and about the Project site, as well as all
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tools, appliances, construction equipment and machinery and surplus materials, and shall
leave the Project site clean and ready for occupancy by Owner.
19. 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.
20. 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, see Exhibit A hereto attached, 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 any application, installation, connections, materials, equipment,
and/or anything erected 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.
21. 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 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.
22. 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.
23. 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
Page -6-
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.
24. 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.
25. INSPECTIONS. 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, payment shall not become due and payable.
26. 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.
27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Alternative Transportation Department.
28. 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. 09-5239, any
addenda, any Quotation/Purchase Order made or issued pursuant to this Agreement, and any
related plans or specifications for any such Quotations or Purchase Orders.
29. 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
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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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.i?>f Courts
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By:" . .,' . '~.".
Dated: .... ..~ .... ...... ...
~~iI,I.~\,...... ,
,J....ur. 01'"
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
~d&
Donna F ala, Chairman
By:
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First w'iiness
Hannula Landscaping and Irrigation, Inc.
contrac,!9] .../1 1 t-
By: ~~~.~-::;;J-
Signature
UOIJtc F". \+ca t-.) N w[~
Typed Signature
f~1!~lj~^,r
Title
011Li, /J7~j(aif:
Type/Print Witness N e
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Second . ss
\<Q..\'.-? _ M ffiu OrS
Type/Print Witnes~ Name
Approved as to form and
legal sufficiency:
&,tf- eJ42-,- ~,
~sistARt County Attorney
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Page -9-
EXHIBIT A
WARRANTY
In consideration of ten dollars, ($10.00), receipt of which is hereby acknowledged, the undersigned
CONTRACTOR does hereby provide, warrant and guarantee all work done and executed under the
contract either directly performed by the CONTRACTOR or at the express request of the
CONTRACTOR by a SUBCONTRACTOR or CONSULTANT.
Project Name:
Date of Final Completion:
Name and Address of CONTRACTOR:
CONTRACTOR warrants and guarantees the work performed pursuant to the contract shall be free of
all defects of materials and workmanship for a period of one year from the DATE OF FINAL
COMPLETION.
The undersigned party further agrees that it will, at its own expense, replace and/or repair all
defective work and materials and all other work damaged by any defective work upon written demand
by the COUNTY. It is further understood that further consideration for this warranty and guaranty is
the consideration given for the requirement pursuant to the general conditions and specifications
under which the contract was let that such warranty and guaranty would be given.
This warranty and guaranty is in addition to any other warranties or guaranties for the work performed
under the contract and does not constitute a waiver of any rights provided pursuant to Florida
Statutes, Chapter 95, et seq.
DATE:
CONTRACTOR
BY:
Attest:
Page -10-
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYYYY)
06109/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER fJ.:. FCCllnsurance Company 10 I 1"Jsl.
Hannula Landscaping & Irrigation, Inc. INSURER B:
28131 Quails Nest Lane INSURER C:
Bonita Springs, FL 34135-6930 INSURER D:
INSURER E:
Client#. 33375
HANLA 1
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 MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POL1CIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NS'" TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLlCY EXPIRATION LIMITS
LTR
A ~NERAL lIABILITY GLOO067391 01/13/09 01/13/10 EACH OCCURRENCE $1000 000 ~ ",,1,- III
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100000
I CLAIMS MACE [i] OCCUR MED exp (Any one person) $5 000
~ PO Oed:1,OOO PERSONAL & ACV INJURY $1 000 000
GENERAL AGGREGATE $2.000.000
-
n'LAGG~n LIMIT APnS PER: PRODUCTS. COMPIOP AGG $2 000 000
POLICY ~~Rr LOC
A ~UTOMOBIlE LIABILITY CAOO100451 01/13/09 01/13/10 COMBINEO SINGLE LIMIT S1,OOO,OOO /u/L
~ ANY AUTO (Ea accltlenl) ~I
I-- ALL OWNEO AUTOS BODILY INJURY
(Ptlr person) $
I-- SCHEDULED AUTOS
~ HIRED AUTOS BODILY INJURY
$
~ NQN.OWNED AUTOS (Per aCcident)
I-- PROPERTY DAMAGE $
(Per accIdent)
RGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANYAVTO OTHER THAN EA ACC $
/ AUTO ONLY: AGG $
.... A ~ESS/UMBRELLA LIABILITY UMBOO062121 01/13/09 01/13/10 EACH OCCURRENCE $3 000 000
X OCCUR 0 ClAIMS MAOE AGGREGATE $3 000.000
$
M OEDUCTIBLE $
X RETENTION $ 10000 $
V- A WORKERS COMPENSATION AND 001 WC08A40029 01/01/09 01101/10 X I TVJ~J[~~s I IOJ.';'- / :
EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $500 000 V tPl ~ "
ANY PROPRIETOR/PARTNER/EXECUTIVE $500.000
OFFICER/MEMBER EXCLUDED? E,L. OISEASE - EA EMPLOYEE
If yes, descrtbo unde, E.L. DISEASE. POLICY LIMIT $500 000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPEAATlONS I LOCATIONS I VEHICLES J EXCLUS10NS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS
Re: RFP 09.5239 Annual Contract for Landscape Maintenance Vendors/,
Collier County Board of County Commissioners is listed as additional
insured on a primary & noncontributory basis with respect to general
liability per CG2033 0704, includes waiver of subrogation per CGL0041206.
"30 days notice of cancellation, except 10 days for nonpayment.
~
w
~
Collier County Board of County
Commissioners
3301 Tamiami Trail East
Naples, FL 34112
CANCELLATION
SHOULD ANY OF THE ABove DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING n~SURER WILL ENDEAVOR TO MAlL -3lL PAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPOI>l THE INSURER. ITS AGENTS OR
CERTIFICATE HOLDER
ACORD 25 (2001108) 1 of 2
#S358672/M347612
CAH
o ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 ofthe 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 or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#S358672JM 347612
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
All of the terms, provisions, exclusions, and limitations of the coverage form apply except as specifically stated
below.
SECTION" - WHO IS AN INSURED Is amended to include as an insured any person or organization, called an
additional insured in this endorsement:
1. Whom you are required to add as an additional Insured on this policy under a written contract or agreement
relating to your business; or
2. Who is named as an additional insured under this policy on a certificate of insurance.
However, the written contract, agreement or certificate of insurance must require additional insured status for a time
period during the term of this policy and be executed prior to the "bodily injury", "property damage", "personal injury",
or "advertising injury" giving rise to a claim under this policy.
If, however, "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to
writing within 30 days from such commencement and with customers whose customary contracts require they be
named as additional insureds, we will provide additional insured status as specified In this endorsement.
3. If the additional insured Is:
(a) An individual, their spouse is also an additional Insured.
(b) A partnership or joint venture, members, partners, and their spouses are also additional insureds.
(c) A limited liability company, members and managers are also additional insureds.
(d) An organization other than a partnership, joint venture or limited liability company, executive officers and
directors of the organization are also additional insureds. Stockholders are also additional insureds, but
only with respect to their liability as stockholders.
(e) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
The insurance provided to the additional insured is limited as follows:
1. That person or organization Is only an additional Insured with respect to liability arising out of:
(a) Premises you own, rent, lease, or occupy, or
(b) Your ongoing operations performed for that additional insured, unless the written contract or agreement or
the certificate of insurance requires "your work" coverage (or wording to the same effect) in which case
the coverage provided shall extend to "your work" for that additional insured.
Premises, as respects this provision, shall include common or public areas about such premises if so required
in the written contract or agreement.
0ngolng operations, as respects this provision, does not apply to "bodily injury" or "property damage" occurring
after:
(1) All work including materials, parts or equipment furnished in connection with such work on the project
(other then service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at
the site of the covered operations has been completed; or
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(2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by
any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same project.
2. The limits of insurance applicable to the additional insured are the least of those specified in the written
contract or agreement, or in the certificate of insurance or In the Declarations for this polley. If you also carry
an Umbrella policy, and the written contract or agreement or certificate of insurance requires that the additional
insured status also apply to such Umbrella policy, the limits of insurance appllcable to the additional insured
under this policy shall be those specified In the Declarations of this policy. The limits of Insurance applicable to
tI~G additional insured are inclusive of and not in addition to the limits of insurance shown in the Declarations.
3. The additional insured status provided by this endorsement does not extend beyond the expiration or
termination of a premises lease or rental agreement nor beyond the term of this policy.
4. Any person or organization who is an insured under the terms of this endorsement and who is also an insured
under the terms of the GENERAL LIABILITY EXTENSION ENDORSEMENT, if attached to this policy, shall
have the benefit of the terms of this endorsement if the terms of this endorsement are broader.
5. If a written contract or agreement or a certificate of insurance as outlined above requires that additional insured
s.<ilus be provided by the use of CG 20 10 11 85, then the terms of that endorsement, which are shown below,
are incorporated into this endorsement as respects such additional insured, to the extent that such terms do
not restrict coverage otherwise provided by this endorsement:
ADDITIONAL INSURED. OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization: Blanket Where Required by Written Contract,
Agreement, or Certificate of Insurance that the terms of CG 20 10 11 85 apply
(If no entry appears above, information required to complete this endorsement will be
shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or
organization shown in the Schedule, but only with respect to liability arising out of "your
work" for that insured by or for you.
Copyright, Insurance Services Office, Inc., 1984
CG 20 10 11 85
The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal
injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render
any professional services including but not limited to:
1. Tile preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change
orders, design specifications; and
2. Supervisory, inspection, or engineering services.
Any coverage provided in this endorsement is excess over any other valid and collectible insurance available to
H1e additional insured whether primary, excess, contingent, or on any other basis unless the written contract,
ag:eelnent, or certificate of insurance requires that this insurance be primary, in which case this insurance will
be primary without contribution from such other insurance available to the additional insured.
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CG 70480304
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUU Y.
CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Under SECTION I . COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2.
EXCLUSIONS, provisions 1. through 7. of this endorsement amend the policy as follows:
1. LIQUOR LIABILITY
Exclusion c. Liquor liability Is deleted.
2. POLLUTION - HEATING AND AIR CONDITIONING EQUIPMENT
Exclusion f. Pollution or any additional pollution exclusion attached to this Coverage Form shall not apply to
"Bodily injury" if sustained within a building that Is or was at any time owned or occupied by or rented or loaned
to any insured and caused by smoke, fumes, vapor or soot from equipment used to heat or cool the building.
3. NONOWNEO WATERCRAFT AND NONOWNED AIRCRAFT (HIRED, RENTED OR LOANED WITH PAID
CREW)
Exclusion g. Aircraft, Auto or Watercraft, paragraph (2) is deleted and replaced with the following:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or property for a charge;
Exclusion g. Aircraft, Auto or Watercraft, paragraph (6) Is added as follows:
(6) An aircraft that you do not own that Is:
(a) Hired;
(b) Rented; or
(c) Loaned to you;
with paid crew for a period of five (5) consecutive days or less.
Paragraph (6) does not apply if the insured has any other insurance for "bodily injury or "property damage"
liability for such aircraft, whether such other insurance Is primary, excess, contingent or on any other
basis.
4. PREMISES ALIENATED
A. Exclusion j. Damage to Property, paragraph (2) is deleted.
B. The following paragraph is also deleted from Exclusion j. Damage to Property:
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied,
rented or herd for rental by you
5. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS
A. Exclusion j. Damage to Property, paragraphs (3), (4), and (6) do not apply to the use of elevators.
B. Exclusion k. Damage to Your Product does not apply to:
1. The use of elevators; or
2. . LIability assumed under a sidetrack agreement.
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6. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT
A. Exclusion j. Damage to Property, paragraph (4) does not apply to ftproperty damage" to borrowed
equipment while at a jobsite and not being used to perform operations.
B. With respect to anyone borrowed equipment item, provision 6.A. above does not apply to "property
damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate.
7. PRODUCT RECALL EXPENSE
A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall
expenses" that you incur for the "covered recall" of "your product". This exception to the exclusion does
not apply to "product recall expenses" resulting from:
1. Failure of any products to accomplish their intended purpose;
2. Breach of warranties of fitness, quality, durability or performance;
3. Loss of customer approval or any cost incurred to regain customer approval;
4. Redistribution or replacement of "your product", which has been recalled, by like products or
substitutes;
5. Caprice or whim of the insured;
6. A condition likely to cause loss, about which any insured knew or had reason to know at the inception
of this insurance;
7. Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing
materials;
8. Recall of "your product(s)" that have no known or suspected defect solely because a known or
suspected defect in another of "your product(s)" has been found.
B. Under SECTION III - LIMITS OF INSURANCE, paragraph 3. is replaced in its entirety as follows and
paragraph 8. is added:
3. The Products-Completed Operations Aggregate limit is the most we will pay for the sum of:
a. Damages under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
because of "bodily injury" and "property. damage" included in the .products-completed operations
hazard" and
b. "Product recall expenses".
a. Subject to paragraph 5. above, $25,000 is the most we will pay for all "product recall expenses.
arising out of the same defect or deficiency.
The insurance afforded by provisions 1. through 7. ofthis endorsement is excess over any valid and collectible
insurance (including any deductible) available to the insured whether primary, excess or contingent, and SECTION
IV., paragraph 4. Other Insurance is changed accordingly.
8. CONTRACTUAL LIABILITY - PERSONAL AND ADVERTISING INJURY
Under SECTION 1 - COVERAGE B., paragraph 2. Exclusions, paragraph e. Contractual Llabltity is deleted.
9. SUPPLEMENTARY PAYMENTS
Under SECTION I- SUPPLEMENTARY PAYMENTS - COVERAGES AAND B, paragraphs 1.b. and 1.d. are
deleted and replaced with the followlng:
b. Up to $2,500 for cost of bail bonds required because of accidents or trafflc law violations arising out of the
use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these
bonds.
d. All reasonable expenses Incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suit~, including actual loss of earnings up to $500 a day because of time off from work.
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CG 70 49 09 05
10. BROADENED WHO IS AN INSURED
SECTlON II - WHO IS AN INSURED is deleted and replaced with the following:
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of
which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses
are also insureds, but only with respect to the conduct of your business.
c. A limited liability company, you are an insured. Your fTlembers are also insureds, but only with
respect to the conduct of your business. Your managers are insureds, but" only with respect to their
duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured.
Your "executive officers" and directors are insureds, but only with respect to their duties as your
officers or directors. Your stockholders are also Insureds, but only with respect to their liability as
stockholders.
e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as
trustees.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your
"employees,. other than either your "executive officers," (if you are an organization other than a
partnership, joint venture or limited liability company) or your managers (if you are a limited Ilablllty
company), but only for acts within the scope of their employment by you or while performing duties
related to the conduct of your business. However, none of these "employees" or .volunteer workers"
are insured for.
(1) "Bodily injury" Of "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint 'venture), to your
members (if you are a limited liability company), to a co-"employee" while in the course of
his or her employment or performing duties related to the conduct of your business, or to
your other .volunteer workers" while performing duties related to the conduct of your
business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as
a consequence of paragraph (1) (a) above;
(e) For which there is any obligation to share damages with or repay someone else who must
pay damages because of the injury described in paragraphs (1 lea) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services
except as provided in provision 11. of this endorsement.
(2) "Property damage" to property:
(a) Owned, occupied or used by;
(b) Rented to, in the care, custody or control of, or over which physical control is being
exercised for any purpose by
you, any of your "employees," "volunteer workers", any partner or member (if you are a
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or .volunteer worker"), or any organization while acting as
your real estate manager.
c. Any person or organization having proper: temporary custody of your property if you die, but only;
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
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d. Your legal representative if you die, but only with respect to duties as such. That representative will
have all your rights and duties under this Coverage FOIm.
e. Your subsidiaries If:
(1) They are legally incorporated entitles; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this
policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original polley.
f. Any person or organization other than an architect, engineer, or surveyor, which requires in a "work
contract" that such person or organization be made an insured under this policy. However, such
person or organization shall be an insured only with respect to covered "bodily injury," "property
damage," and "personal and advertising injury" that results from "your work" under that "work
contract." The coverage afforded to such people or organization will continue only for a period of thirty
(30) days after the effective date of the applicable .work contract" or, until the end of the policy term,
whichever is earlier. However, if you report to us within the 3D-day period stated above the name of
the person or organization, as well as the nature of the "work contract" Involved, the coverage
afforded under this Coverage Fonn to such people or organization shall continue until the expiration
of this policy. This paragraph f. does not apply if form CG 70 48. Contractors Blanket Additional
Insured Endorsement, is attached to the policy.
g. Any person or organization to whom you are obligated by virtue of a written contract to provide
insurance such as is afforded by this policy, but only with respect to liability arising out of the
maintenance or use of that part of any premises leased to you, including common or public areas
.about such premises if so required in the contract.
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes place after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of
such person or organization.
h. Any state or political subdivision but only as respects legal liability incurred by the state or political
subdivision solely because it has issued a permit with respect to operations performed by you or on
your behalf.
However, no state or political subdivision is an insured with respect to:
(1) "Bodily injury", "property damage", and "personal and advertising injury" arising out of operations
performed for the state or municipality; or
(2) "Bodily injury" or "property damage" included within the "products-completed operations hazard."
I. Any person or organization who is the lessor of equipment leased to you to whom you are obligated
by virtue of a written contact to provide Insurance such as is afforded by this policy, but only wIth
respect to their liability arising out of the maintenance, operation or use by you of such equipment.
However, no such person or organization is an Insured with respect to any "occurrence" that takes
place after the equipment lease expires.
j. Any architect, engineer, or surveyor engaged by you but only with respect to liabHity arising out of
your premises or "your work."
However. no architect, engineer, or surveyor is an Insured with respect to "bodily injury," "property
damage," or "personal and advertising Injury" arising out of the rendering of or the failure to render
any professional services by or for you, including:
(1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specification; or
(2) Supervisory, inspection. or engineering services.
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CG 70 49 09 05
This paragraph j. does not apply if form CG 7048, Contractors Blanket Additional Insured
Endorsement, is attached to the policy.
k. Any manager, owner, lessor. mortgagee, assignee or receiver of premises, including land leased to
you, but only with respect to liability arising out of the ownership, maintenance or use of that part of
the premises or land leased to you. '
However, no such person or organization is an insured with respect to:
(1) Any "occurrence" that takes place after you cease to occupy that premises, or cease to lease the
land; or
(2) Structural alteration. new construction or demolition operations performed by or on behalf of that
person or organization.
3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability
company and over which you maintain ownership or majority interest, will qualify as a Named Insured if
there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded until the end of the policy period.
b. Coverage A does not apply to "bod~y injury" or "property damage" that occurred before you acquired
or formed the organization.
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed
before you acquired or formed the organization.
d. Coverage A does not apply to "product recall expense" arising out of any withdrawal or recall that
occurred before you acquired or formed the organization.
4. Any person or organization (referred to below as vendor) with whom you agreed, because of a written
contract or agreement to provide insurance, is an insured but only with respect to "bodily injury" or
"property damage" arising out of "your products" that are distributed or sold in the regular course of the
vendor's business.
However, no such person or organization is an insured with respect to:
a. "Bodily Injury" or "property damage" for which the vendor is obligated to pay damages by reason of
the assumption of lIabllity in a contract or agreement. This exclusion does not apply to liability for
damages that the vendor would have in the absence of the contract or agreement.
b. Any express warranty unauthorized by you;
c. Any physical or chemical change In "your product" made Intentionally by the vendor;
d. Repackaging, unless unpacked solely for the purpose of Inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
contaIner;
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to
make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of "your products";
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendor's premIses in connection with the sale of "your producf';
g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor.
This insurance does not apply to any insured person or organization from which you have acquired
"your products", or any ingredient, part of container, entering into, accompanying or containing "your
products".
No person or organization is an insured with respect to the conduct of any current or past partnership,
joint venture or limited liability company that is not shown as a Named Insured in the Declarations.
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11. INCIDENTAL MALPRACTICE LIABILITY
As respects provision 10., SECTION 11- WHO IS AN INSURED, paragraph 2.a.(1)(d) does not apply to any
nurse, emergency medical technician or paramedic employed by you to provide medical or paramedical
services, provided that you are not engaged in the business or occupation of providing such services, and your
"employee" does not have any other insurance that would also cover claims arising under this provision.
whether the other insurance is primary, excess, contingent or on any other basis.
Under SECTION 111- LIMITS OF INSURANCE, provisions 12. and 13. of this endorsement amend the policy as
follows:
12. AGGREGATE LIMITS PER PROJECT
The General Aggregate Limit applies separately to each of your construction projects away from premises
owned by or rented to you.
13. INCREASED MEDICAL PAYMENTS LIMIT AND REPORTING PERIOD
A. The requirement under SECTION 1- COVERAGE C MEDICAL PAYMENTS that expenses be incurred
and reported to us within one year of the date of the accident is changed to three years.
B. SECTION III-LIMITS OF INSURANCE, paragraph 7., the Medical Expense Limit, is subject to all of the
terms of SECTION III - LIMITS OF INSURANCE and is the greater of:
1. $10,000; or
2. The amount shown in the Declarations for Medical Expense limit.
C. This provision 13. does not apply if COVERAGE C MEDICAL PAYMENTS is excluded either by the
provisions ofthe Coverage Form or by endorsement.
14. LEGAL LIABILITY (SPECIFIC PERILS)
A. The word fire Is changed to "specific perils" where tt appears in:
1. The last paragraph of SECTION I - COVERAGE A. paragraph 2. Exclusions;
2. SECTION IV, paragraph 4.b. Excess Insurance.
B. The limits of Insurance shown in the Declarations will apply to all damage proximately caused by the
same event, whether such damage results from a "specific peril" or any combination of "specific perils."
C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE.
paragraph 6., is replaced by a new limit, which is the greater of:
1. $300,000; or
2. The amount shown in the Declarations for Damage To Premises Rented To You Limit.
D. This provision 14. does not apply if the Damage To Premises Rented To You Liability of SECTION 1-
COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement.
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this
endorsement amend the polley as follows:
15. KNOWLEDGE OF OCCURRENCE
Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced
and paragraphs e. and f. are added as follows:
a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense, regardless
of the amount, which may result in a claim. Knowledge of an "occurrence" or an offense by your
"employee{s)" shall not, In itself, constitute knowledge to you unless one of your partners, members,
"executive officers", directors, or managers has knowledge of the "occurrence" or offense. To the extent
possible, notice should Include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
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CG 70 49 09 05
(3) The nature and location of any injury or damage arising out of the noccurrence" or offense.
e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time
of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall
give written notice of this "occurrence" to us as soon you become aware that this .occurrence" may be a
liability claim rather than a workers compensation claim.
f. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that
may result in "product recall expense":
(1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or
recalled. Include a description of "your producr and the reason for the withdrawal or recall;
(2) Cease any further release, shipment, consignment or any other method of distribution of like or
similar products until it has been determined that all such products are free from defects that could be
a cause of loss under the insurance.
16. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
Paragraph 6. Representations is deleted and replaced with the following:
6. Representations
By accepting this polley, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us;
c. We have issued this policy In reliance upon your representations; and
d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy.
We will not deny coverage under this coverage part if you unintentionally fail to disclose aU hazards
existing as of the Inception date of this policy. You must report to us any knowledge of an error or
omission in the description of any premises or operations intended to be covered by the Coverage Form
as soon as practicable after its discovery. However, this provision does not affect our right to collect
additional premium or exercise our right of cancellation or nonrenewaL
17. BLANKET WAIVER OF SUBROGATION
Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the
following:
8. If the insured has rights to reeaver all or part of any payment we have made under this Coverage Form,
those rights are transferred to us. The insured must do nothing after loss to impair them. At our request,
the Insured will bring "suit" or transfer those rights to us and help us enforce them. However, If the insured
has waived rights to recover through a written contract, or if "your work~ was commenced under a letter of
intent or work order, subject to a subsequent reduction to writing with customers whose customary
contracts require a waiver, we waive any right of recovery we may have under this Coverage Form.
18. EXTENDED NOTICE OF CANCELLATION AND NONRENEWAL
Paragraph 2. b. of A. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced wnh the
following:
b. 60 days before the effective date of the cancellation if we cancel for any other reason.
Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 9. When We Do Not
Renew is deleted and replaced with the following:
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in
the Declarations written notice of the. nonrenewal not less than 60 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
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19. MOBILE EQUIPMENT REDEFINED
Under SECTION V - DEFINITIONS, paragraph 12. "Mobile equipment", paragraph f. (1) does not apply to self-
propelled vehicles of ress than 1,000 pounds gross vehicle weight.
20. LIMITED ELECTRONIC DATA LIABILITY
A. The following paragraph is added to SECTION III - LIMITS OF INSURANCE:
Subject to 5. above, the most we will pay under Coverage A for "property damage" because of all loss of
"electronic data" arising out of anyone "occurrence" is $25,000.
B. For this provision 20. only, SECTION V - DEFINITIONS, paragraph 17. "Property Damage" is replaced by
the following:
17. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such
loss of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be
deemed to occur at the time of the "occurrence" that caused it; or
c. Loss of "electronic data". Loss of "electronic data" means loss of, loss of use of, damage to,
corruption of, inability to access, or inability to properly manipulate "electronic data", resulting
from physical injury to tangible property. All such loss of "electronic data" shall be deemed to
occur at the time of the "occurrence" that caused It.
For the purposes of this insurance, "electronic data" is not tangible property.
21. DEFINITIONS
1. SECTION V - DEFINITIONS, paragraph 4. "Coverage territory" is replaced by the following definition:
"Coverage territory" means anywhere in the world with respect to liability arising out of "bodily injury,"
"property damage,. or "personal and advertising injury," including "personal and advertising injury"
offenses that take place through the Intemet or similar electronic means of communication provided the
insured's responsibility to pay damages is determined in a settlement to which we agree or in a "suit" on
the merits, in the United States of America (including its territories and possessions), Puerto Rico and
Canada.
2. SECTION V - DEFINITIONS is amended by the addition of the following definitions:
"Covered recall" means a recall made necessary because you or a government body has determined that
a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has
resulted or will result in "bodily injury" or "property damage".
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer software (including systems and applications software), hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media used with electronically controlled
equipment.
"Product Recall expenses" mean only reasonable and necessary extra costs, which result from or are
related to the recall or withdrawal of "your product" for:
a. Telephone and telegraphic communication, radio or television announcements, computer time and
newspaper advertising;
b. Stationery, envelopes, production of announcements and postage or facsimiles;
c. Remuneration paid to regular employees for necessary overtime or authorized Iravel expense;
d. Temporary hiring by you or by agents designated by you of persons, other than your regular
employees, to perform necessary tasks;
e. Rental of necessary additional warehouse or storage space;
f. Packaging of or transportation or Shipping of defective products to the location you designate; and
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2004
Page 8 of9 CG 70490905
g. Disposal of "your products" that cannot be reused. Disposal expenses do not include:
(1) Expenses that exceed the original cost of the materials incurred to manufacture or process such
product; and
(2) Expenses that exceed the cost of normal trash discarding or disposal, except as are necessary
to avoid "bodily injury" or .property damage".
"Specific Perils" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil
commotion; vandalism; leakage from tire extinguishing equipment; weight of snow, ice or sleet; or "water
damage".
"Water damage" means accidental discharge or leakage of water or steam as the direct result of the
breaking or cracking of any part of a system or appliance containing water or steam.
'Work contract" means a written agreement between you and one or more parties for work to be
performed by you or on your behalf.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Copyright Insurance Services Office, Inc., 2004
CG 70 49 09 05
Page 9 of 9
COMMERCiAl GENERAUIABIUTY
CGl 004 (1206)
llUS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFUlLY,
GENERAL LIABiliTY ADVANTAGE ENDORSEMENT
This endorsement modlfles Insurance provided under the following:
COMMERCIAL GENERAL LIABILllY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial General UablJity
Coverage Fann, and will apply unless excluded by separate endorsement(s) to the Commercial GtM1eral Llabttity
Coverage Form.
The COMMERCIAL GENERAL LlASJUTY CO\IERAGE FORM Is amended as follows:
SECTION 1- COVERAGES, COVERAGe A. BODILY INJURY AND PROPERTY DAMAGe is amended as
foRowa:
1. Extended "Property Damage" .
exclusion 2.a., Expected or Intended Injury, Is repfaced with the following:
a. '"BodDy Injury" or ~property damage" expected or Intended from the standpoint of the Insured. This
exclusion does not apply to "bodily Injury" or '"property damage" resulting from the use of reasonable
force to protect persons or property.
2. Nono()Wned Watercraft
Exclusfon 2.g. (2) (a) Is replaced with the following:
.'
(a) Less than 51 feet IO!'!9; and
3. Property Damage Liability - Borrowed Equipment
Thefollowing is added to Exclusion 2J. (4):
Paragraph (4) of this exclusion does not apply to ~property damage" to borrowed equipment while at a
jobsite and not being u$ed to perform operations. The most we wlll pay for "property damage" to any one
borrowed equipment item under this coverage Is $25.000 per "occurrence", The Insurance afforded under
this provision Is excess <'Ner any other valid and collectible property Insurance (Including deducllble)
available to the Insured, whether prJmary, excess, contingent or on any other basis.
SECOON . - COVERAGES, the following coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agreement
We win pay, at your request, for .property damage" to property of others caused by you, or wf1lJe 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 (~2 08) Includes copyrighfud material of the Insurance ServIces Office, Inc.. with Its permission.
Copyright 2006 fCCIIn~urance Group.
Page 1 of 12
COMMERCiAl GENERAl UABrUTY
CGl 004.(12 06)
2. Exclusions
This insUrance does not apply to:
a. Loss of propertY at premises owned, rented, leased, operated. or used by you;
b. Loss of pt'OJ:?erty while In transit;
c. Loss of property owned by, rented to, leased to. loaryed to, bOl'rOWed by, or used by you;
d. PremIses you sell, give away, or abandon. If the "property damage" arises out of any part of those
premises;
e. Loss of property caused by or arising Out of the "products-compfeted operations hazard";
f. Motor vehicles;
g. .Property damage" to ''your product" arising out of It or any part of it; or
h. "Property damage" to .your work" arising out of il or any part of it.
3. Deductible
We will not pay for loss In anyone "occurrence" untO the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limIt of Insurance.
4. Cost Factor .
In the event of a covered loss. you shall. if requested by us, replacs the damaged properly or furnish the
labor and materials necessary for repairs thereto at yOUr actuar cost, excluding profit or overhead charges.
The Insurance afforded under COVERAGE D is exoess over any other valid and conectible property or Inland
marlne Insurance (including the deductible applicable to the property or Inland marine coverage) available 10
you whether primary, eXC9$S,'contlngent or any other basis. .
Coverage D covers unintentional damage or destruction, but does not COVEIf' disappearance. theft, or foS$ of use.
The insurance under COVERAGE 0 does not apply If a loss for an "occurrence~ is paid under COVERAGE E.
COVERAGE E. CARE. CUSTODY OR CONTROL
1. Insuring Agreement
We will pay those sums that the insured becomes legally obligated to pay as damages because of
nproperty damage" to property of others while In your care, aJstody, or controt or property of others as to
which you are exercIsing physical control if the "property damage" arises out of your business operaUons.
The .amount we Will pay for damages is described in SECTION III LIMITS OF INSURANCE. .
2. Exclusions
This insurance does not apply to:
a. loss of property at premises ownoo, rented, leased, operated. or used by you;
b. loss.of property while in transit;
CGL ~04 (12 OB) Includes copyrighted material of the Insurance Services Office, Inc., with its pennisslon. .
Copyright 2006 FCCI Insurance Group.
Page 2 of 12
COMMERCiAl GEN6W. LIABILITY
CGL 004 (12 06)
c. PremIses you seD, give away, or abandon, if the "property damage'" arises out of any part of those
premises;
d. "Prop~ damage" ca.used by or arising out of the "products-completed operations hazard",
e. Motor ,!ehTcles; .
1. "Property damage" to "your product" arising out of it or any part of it; or
g. "Property damage. to "your work. arising out of It or any part of it
. 3. Deductible
We wiil not pay for loss' In anyone "occurrEll'lCe" until the amount of loss exceeds $250. We will then pay
the amount of loss In excess of $250 up to the applicable limIt of insurance.
4. Cost Factor
In the event of a oovered loss. you shall, if requested by us, replace the'damaged proper4t or furnish the
labor and matelials necessary for repairs thereto at your actual cost, eXcluding prOfit or overhead charges.
The insurance aft"orded under COVERAGE E is excess over any other valid and collectible property or inland
.marine insurance (including the deductible applicable to the property Or inland marine coverage) available to
you whether primary, excess, conti~nt or any other basis.
Ttle insurance under COVERAGE E does not apply if a loss for an "occurrence" is paid under COVERAGE D.
COVERAGE F; UMITEO PRODUCT WITHDRAWAL EXPENSE
1. Insuring Agreement
a. We will reimburse you for "product withdrawal expenses" Incurred because of a "product withdrawal"
to which thJ$ insurance applies.
. The amount of such 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 InsumnceappJies to a "product withdrawal" only if the "pr:oduct wlthdrawa'" is initiated in the
coverage tenitory'" durin.g the policy period because:' . .. .
(1) You determine that the .product withdrawal" is necessary; or
(2) .' An authorized government entity has ordered you to conduct a "product Withdrawal~ . .
c. We win rellTJburse only those .product withd.rawal expenses" which are incurred and reported to us
within one year of the date the .product withdrawal" was initiated.
d. The initlafiory of a "product withdrawal" wi/1 be deemed to have been made only at the earffest of the
fonowlng times:
(1) When you have announced. In any manner. to the general publiC. YOl.lf vendors or to your
employees (other than those employees directly Invorved in making the determination) your
decision to conduct. a "product withdrawaJ" This applies regardless of whether the determination to
conduct a "productwlthdrawallt Is made by you or Is requested by a third party;
C~L (J~ (12 (6) rncTudes copynghted materfal of the Insurance Services Office, Inc., with its permission.
Copyright 2006 FCGJ,lnsuranc!3 ~roup. . .
Page 3 of 12
COMMERCIAL GENERAL LIABILITY
CGt 004(12 OS)
(2) When you received, either oraDyor In writing, notification of an order from an authorized
government entity to conduct a "product withdrawal; or
(3) When a third party has initiated a "product wlthdrawar and you communrcate agreement with the
"product withdrawar, or you announce 10 the general publo, your vendors or to your employees
(other than those employees direotly involved in maJdng the determination) your deOfsion to
participate In the "product withdrawal", whichever comes first.
e. "PrOduct withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defecr' will be deemed to have arisen out of the same "product withdrawal"; or
(2) A different "defect" wiD be deemed to have arisen out of a separate "product withdrawal"'f newly
determined or ortlered in accordance with paragraph 1.b of this coverage.
2. EXclusions
This Insurance does not apply to "product ~thdrawal" expenses" arising out of:
a. My "product withdrawal" initiated due to;
(1) The failure of "your products" to accomplish their Intended purpose, inclUding any breaon of
warranty of fitness.. whether written or Implied. This exclusion does not apply If such faDure has
caused or is reasonably expected to cause ~bodily injury" or physical damage to tangible
property.
(2) Copyright, patent. trade secret or tmdemark Infrfngements;
(3) Transformation of a chemica! nature. deterioration or decomposition of "your product", except if it
Is caused by:
(a) An 8ITor in manufacturing, design, processing or transportation of "your product"j or
(b) "Product tampering".
(4) expiration of the designated shelf life o~ "your product"
. b. A "product withdrawal" t Initiated because of a "defect" in ''your product" known to exist by the Named
Insured Of the Named Insured's "executive officers", prior to the inception date of this Coverage Part
or prior to the time "your product" leaves your controJ Of possession.
c. Recall of any specfflc produCts for which "bodily Injury" or "proPerty damage" Is excluded under
Coverage A - Bodily rnjl!tY And Property Damage Liability by endorsement.
d. -ReCaR of "your products. whictl. have been banned from thQ market by an authorized government
ertlty prior to the policy perioo. . . . .
e. . The defense of a claim or .suit" against you for "product withdrawal expenses".
3. . For the purposes of the insurance afforded under COVERAGE F, the followIng Is added to 2. DU1ies In
The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV- COMMERCtAI.. .
GENERAl LIABILITY CONDITIONS:
e. Duties In The Event Of A nOefect" Or A "Product Withdrawal"
CGl 004 (12 06) Includes copyrighted material of the Insuranl;$ Services Office, Inc.,' with Its permlS$ion.
Copyright 2006 FCCl Insurance Group.
Page 4 of 12
COMMERC~GENERALL~
CGl 004 (12 06)
(1) You must see to It that we areoo1ffied as soon as practlcable of any actuat, suspacted or
threatened "defect" In "your products", or any govimmental inve$tigatlon, that may result. in a
"product withdrawal". To the extent possible, notice should tndude:
(a) How. when and where the "defect" was cflSCO'iered;
(b) The names and addresses of any Injured persons and witnesses; and.
(c) The rJaturyit,location and cfrcumstances of any injury or damage arising out of use or
consumption of "your product".
(2) If a "product withdrawar' is lnitiated, you must:
(a) Immediately record the specifics of the "product withdrawal" and the date it was initlatedj 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:
'(8) Immediately send u$copies of pertinent oorrespondence received In connection with the
"product withdrawal":
(b) Authori%e us 10 obtain records and other information; and
(c) Cooperate with us in our Investigation of the "product withdrawal".
4. The following definitions are added to the Oefinitlons Section:
8. "Defect." means a defect, deficiency or inadequacy that creates a dangerous condition.
b. "Product tampering" Is an act of Intentional alteratfon of "your product" which may cauSe or has
caused "bodily injury" or physical Injury to tangible property.
When "product. tampering" Is known~ suspected or thr~ned, a "product with~I" will not be
limited to those batches of "your product" which are knoWn or suspected. to have been tampered with.
e. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products-, from the market or from use, by any other person or organization, because of a
known or suspected "defect" In "your product", or a known or suspected "product tampering", which
has caused or Is reasonably expected to cause "bodily injury" or physical Injury to tangible properly.
d. "Product withdrawal expenses" means those reasonable and necessary exlra expenses, listed below
paid and drrecUy related to a "product withdrawal~:
(1) Costs of notlflcatIon;
(2) Costs of stationery, envelopes, production of announcements and postage or.facslmiles;
(3) Costs of overtime paid to your regular nonsalaried employees 8fld costs incurr~d by your
employees, inclUding costs of transportaflon and accommodations;
(4) C:;oSts of computer time;
CGl 004 (12 Cl6) Includes copyrighted materlaJ of the Insurance SelVfces Office, Inc.. Wltillts pem1lsslon.
Copyright 2006 fCQ.lJl1S!:'fcJnce Group.... .
PagEt 5 of 12
COMMERCIAl GENERAL UABILfTY
CGl 004 (12 06)
(5) Costs of hiring Independent conlractol'$ and other tarnpopary employees;
(6) Costs of transportation, shipping or packaging;
(7) Costs ofwarehouse or storage space; or
(8) Costs of proper disposal of "your products", or products that contain ')tour products", that cannot
be reused. not exceeding your purchase price or your cost to produce the products;
,
but "product withdrawal expenses- does not Include costs of the replaoement, repair or redesign of
"your product", or the costs of regaining your market share, goodwt1l, revenue or profit.
. .
COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS
1. Insuring Agreement
We will pay those sums that the Insured becomes legally obligated to pay as damages due to faulty
workmanship, material or design, or products including consequential loss because of an occurrence to
Which this Insurance applies. The damages must have resulted from the Insured's negligent act, error or
omlsslon while acting in your business capacity as described in the Declarations or from a defect in
material or a product sold or Instalfed by the Insured whOe acting In this capacity. W~ wiD have the right
and duty to defend the insured against any "sulr seeking those damages. However. wewlll have no duly
to defend the !nsured against any "suit" seeking damages to Which this Insurance does not apply. We
may at our discretfon, Investigate any Incident and settfe any claim or .sult" that may result But our right
and duty to defend end when we have uS$(f up the available limit of Insurance for this coverage In
payment of Judgments or settlements for this coverage. The amount we will pay for damages Is described
in SECTION III LIMITS OF INSURANCE. .
2. exclusions
This Insurance does not apply to:
a. -Bodily Injury" or "personal and advertislng Injury".
b. LIability arising from a delay or failure to complete a contraot or project. or 10 complete a contract: or
project on time.
Co Uability because or an error or omission:
(1) In the preparation of estimates or job costsi'
(2) Where cost estir:nate$ are exCeeded:
. (3) In the preparation of estim~tes of profit or return on capltalj
(4) In advising or failure to advise on financing of the work or p(Oject; or
(5) 'In ad'llslng or faDing to adv{se on any legal work, title checks, foN'J1 of Insurance or suretyship.
d. Any llabftlty which arises out of any actual Of alleged Inflingement of copyright or trademark or trade
dress or patent, unfafr competition or piracy, or theft or wrongful taking of concepts or Intellectual
property. . . . . ,
CGL 004 (12 06) Includes copyrlghted materiaf of the Insl.Ifance SeMces Office, Inc., with ils permission.
Copyright 2006 FCCllnsurance Group.
Page 6 of 12'
COMMERctAL GENERAL LIABiliTY
CGt 004 (12 06)
e. Any liability for. c:(amagas: - .
(1) From the intentional dishonest, fraudulent. malicious or criminal aas of the Named Insured, or by
any partner, mernbEiJ- of a limited lability company. or executive officer. or atihe dlrectlon of any
of them; or
(2) Which Is In fact expected or Intended by the Insured. even If the Injury or damage Is of a different
degree or.type than. acUjlUy expected or Intended.
f. Any ffability arising out of manufacturer's warranties or guarantees. whether express or frnprled.
.,
.' .
g. Any Dabllity arising from "property damage" to property owned by. rented or leased to the insured.
h. Any liabnlty before you have completed "your wol'k~. "Your work" Wll' be deemed completed at the
earliest of the following times:
(1) When all of the work caned for In your contract or work order has been completed;
(2) When al the wOrk to be done at the Job site h8& 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 jeb site has been put to Its ln1ended use by any person or
organfzatlon other 1han another contractor or subcontractor working on the same project.
Work 11'\at may need seNloe or maintenance. correctton. repair or replacement, but Which Is otherwise
..~mplete. WIll be treated as complete.
i. Any liability arising from .property damage" q, products 1hat are $tin In your physical possession.
j. Any.llablllty 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 engineering, architectural or surveying services to others; and
(2) Providing or hirfng Independent prof&sslonals to provide engineering, architectural or surveying
services in connectJon with construction work you perform.
Professional sentfces Include the preparing, approving or failing to prepare or appl'(We, maps, shop
drawings, opinions. reports, surveys, field on:fer.s, change orders. or drawings and speclticatfons.
Professional services also Incfude supervisoty or inspection actMtles performed as part of any related
ardllteoturaJ or engIneering activities.
But, professional services do not Include servIces WlthJn oonstrucllon means. methods~ techniques.
SeqU8rt<:eS and procedures empl'oyed by you In connection with construction wo~ you perform.
k. Arty lIabltfty arising from your.1oss of profi.t or expected proftt.
,. .Property damage" to property other than "your product," "your work" or "Impaired property."
m. Any UabiHty arising from claims or "sults".where t~ right of action against the insured has been
relinquished or waived.
n. Any liability ror "property damage" to "your work" if the damaged work or the work out of which the
damage arises was performed on your behalf by a suboontractQr.
CGl 004 (12 OS) Includes coPY.righted material of the Insurance Services OffIce, Inc., with Its permission. .
Copyrig~ ~OOf! FCC! .lnSll18nc:e ~roup"
Page 7 of 12
COMMERCiAl GENERAL L1ABlUTY
CGl 004 (12 06)
o. Any IIabmty arisfng from a decision to substitute a materiaf or product for one specified on blueprints,
work orders. contracts or engineering speclffcatlons ttnless there has been written authorization. or
unless the blueprints, work orders, contracts or engl~g specI1icatlons were written by you. and
you have authorized the dlanges.
p. liability of others assumed by the insured under any contract or agreement, whether oral or In writing.
lhls exclusion does. not apply to liability for damages that the insured would have In the absence of
the contract"or agreement .. .
3. Deductible
We wHI not pay for loss In anyone Poccurrence" until the amount of Io;ss exceeds $250. The. limits of
Insurance will not be reduced by the applfcation of the deductible amount
We may pay any part or arl of the deductible amount to effect settlement of any claim or .suit", and upon
noUflcaUon of the action taken, you shall prompUy reimburse us for such part oftha deductible amount as
has ~n paid by us.
4. Cost Factor
In the event of a covered loss, you sha~, if requested by us, replace the damaged property or fumfsh the
labor and materials necessary for repairs thereto at yo~r actual cost, excluding profit or overhead charges.
SEC110N 1- COVERAGES. SUPPLEMENTARY PAYMENTS - COVERAGE A and B Is amended as follows:
All refenmces to SUPPlEMENTARY PAYMENTS - COVERAGES A and e are amended to SUPPLEMENTARY
PAYMENTS - COVERAGES A. 5, O. E. and G.
1. Cost of Bail Bonds
Paragraph 1.b. Is replaced with the followlng~
b. Up to $2.500 for cost of ball bonds required because of accidents or kafflc law violations arising out of the
U$e of any vehfde to which the Bodily Injury liability Coverage applies. We do not have to fumlsh these
bonds. .
2. Loss of Earnings
Paragraph 1.d.ls replaced with thefollowfng: .
d. All reasonable expenses Incurred by the insured at our request to assist us In the Investigation or defense
of the claIm or "sult", Including actual loss of earnings up to $350 a day beawse of time off from work.
. .
SECTION II - WHO IS AN INSURED'Is amended as follows:
'1. lricidental Malpn"ctice
Paragrapli 2.a.(1)(d) Is.replaced with thefoJlowing:
(d) ArisIng out of his Of'her providing or taPing-to provide professional health care services. However, .thls
exclusion does not apply to a nurse, emergenc.y medica' technician or: paramedic employed by you to
pro'Vlde medical services. unless:
(I) You are engaged In the OCCUpatfOl1 or business of providing or offering medical, surg!caI, dental, x-ray
or nursing serviceS, treatment, advice or Instruction; or
CGL 004 (12 06) Includes copyrlghted materlal of the Insurance Services Office, fnc., v.ith its permission.
Copyright 2006 FCC! Insurance Group._
Page 8 of 12
COMMERCIAL GENERAL UABIUTY
CGL 004 (12 06)
(II) The "employee" has another Insurance 1hat would also cover claims. arising under this provision,
whether the other insurance Is primary, excess, contingent or on any other basis. ,.
2. Newly Fonned or Acquired 9ruanizations
'Paiagraph 4.a. Is replaced with the following:
a. Coverage under thIs prevision is afforded only untillhe 180fh day after you aoquire or form the
organization or the end of th~ poJrcy period. whichever is eariier;
SECTION Ul- LIll4JTS OF INSURANCE fs amended as follows:
1. Paragraph 2. is replaced with the following: .
2. The ~eneral Aggregate Umlt is the most we will pay for the sum of:
a. Medical expenses under Coverage C:
b. Damages under Coverage A. except damag8$ because of ~bodlly Injury" or "property damage" (
Included in the "produots-completed operations hazard";
~
c. Damaget! under Coverage B; .
d. Voluntary "property damage" payments under Coverage 0; and
e. :ACare. Custody or Control damages under Coverage 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 at "bodily injury" and "property damage" arising out of any one "occurrence".
3. Paragraph 6. Is repJaced with the fonowing:
6. Subject 10 S. above, the higher of $300,000 or the Damage To Premises Rented To You L1mil shown In
the Declarations Is the most we wJ1l pay under Coverage A for damages because of '"property damage" to
anyone premise$. while rented to you, Or in the c;:a.se of damage by fire or explosion, white rented to you
or temporarily occupied by you with permission of the owner, arIs~ out of anyone fire or explosion.
4. ParagralJlw 7. is rCJplaced with the following.
7. Subjec110 5. above, the higher of $10,000 or the Medical Expense Lirlnt shown In the Declarations is 1he
most we will pay under Coverage C for all medical expenses because of "bodily Injury" sustained by any
one person.
eGl 004 (1200) Includes copyright~ material of the Insurance Services Office, Inc., with Its permission.'
Copyrfght 2006 FCq Insurance g!.OlIp.
Pag~ 9 of,12
COMMERCIAL GENERAl. UABIUTY
CGl 004 (1206)
5. Paragraph 8. is added as follows:
8. Subject to 5. above, the most we wID pay under Coverage O. Voluntary Property Damage for loss arising
out of any one "occwrence" is $1,500. The most we will pay in any om~..pollcy period. regardless of the
number of claims made or suits brought. Is $3,000.
6.Parag~ 9. is added as follows:
9. Subject to 5. above. the mo6t we wDI pay under Coverage E. Care. CUstody or'Control for -property .
damage" arising out of any one .occurrence"Is $1,000. The most we win pay In any one-policy period,
regardJess of 1he number of claims made or suits brought. is $5.000. .
7. Paragraph 10. Is added as folfows:
10. Subject to 5. above. the most we will pay under Coverage F. Umited Product Withdrawal Expense for
"product withdrawal expenses" in any one-pollcy period. regardless of the number of insureds, "product
withdrawals" Initiated or number of "your products'" withdrawn is $10,000.
8. Paragraph 11.18 added as follows:
11. Subject to S. above. the most we wDl pay under Coverage G. Contractx>rS Errors and Omissions for
damage in any one-policy period, regardless of the number of Insureds, claims or "suits" brought. or
persons or organizations making claim or bringing "suits" Is $10,000. .
For errors In contract or job specifications or in recommendalions of products or materials to be used, this
policy wiD not pay for additional oosI:s of products and materials to be used that would not have.been
Incurred had the correct recommendations or specifications been made.
9. Paragraph 12. Is added as follows:
,
12. The General Aggregate limit applies separately to:
a. Each of your projects away from premIses owned by or rented to you; or
b. Each "location" owned by or rented to you.
"location- as used in lt1ls paragraph means premises InvolvIng the same or connecting lots, or premises
whose connectIon is interrupted only by a street, roadway, waterway orright-of-way of a railroad.
SECTION IV-COMMERCIAL GENERAL UABIUTY CONDmONS Is amended as folows:
1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit Is replflced with the
following:
a. You must see tb it that ~ are notffled '$' soon as practicable of an .occurrence" or an offense which may
result in a claim. This requirement applies only when the .occurrence- or offense is known to the
following:
(1) An individual who Is the sole owner;
(2) A partner, if you are a partnership or lolnt venture;
(3) ~ "executive officer" or insurance manager, If you are a corpomtfon;
(4) A manager, if you are a limited liability company;
CGL 004 (12 06) Incfudescopyrfghted material of the Insurance Services Office, Inc., with Its permission.
Copyright 2006 FCCllnsurance Group;
Paga 10 of 12
COMMERCIAL GENERAL LIABft..rrv
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 dlo: or
(7) A person (other than an "employeej or an organiza1lon while acting 8$ your'real estate' manager.
To the extent possible, notice should include:
(1) How. when and where the "occurrence'! or offense took place; .
(2) Th9 names and addreS$8S of any Injured persons and witnesses; and
(3) The nature and location of any Injury or damage arising out of the "occurrence" or offense.
2. Thtt following rs added to SubP'Ull9l'8ph 2. b. of Duties f~ The Event Of Occurrence, Offense. Claim, or
Suit: .
The requIrement in 2.b. appUes only when the "OOClJt1'$flce" or olfense is known to !he following:
(1) An Individual who Is the sole owner;
(2) A partner or insurance manager, if YOlI are a partnership or joint ventu~;
(3) An "executive officer" or in$Urance manager, if you .are a corporation;
(4) A'fl'lanager ~ insurance manager,lf you are a limlteclliabillty company;
(5) Your officials. tJ\Istees, board members or Insurance manager, If you are a not..for-profit organization;
(6) A person or organiZation havlng proper temporary custody of your property If you die:
(7) The legal representative of you if you die; or
(8) A person (other than an "employee") or an organization whle actfng as your real estate manager.
3. Paragraph 6. is replaced with the following:
6. Representations
By accepting this policy, you agree:
a. The statements in the Oeclaratlons are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this pollcy.ln reliance upon your representa1lons.
Any error or omission in the description of, or fatlure to completely desaibe or disclose any premises,
operations' or products Intended to be covered by the Coverage Form Will not Invalidate or affect coverage
for those premises, operations or products, provided such error or omlssfon or failure to completely
. describe or disclose premlses, operations or products was not Intentlon~1.
You must report such error or omission to us as soon as practicable after its discovery. However, this
provision does not affect our right to coHect additional premium Charges or exerofse our right of
cance!la1Ion or nonrenewal.
CGL 004 (12 OS) Includes copyrighted matefiaJ"ofth~ Insurance Services Office. Inc... wllh-i!S pennrsslon.
qowi9ht2QO~ F~qJ.!nSUl'al1C8 ~rouP" .
Page 11 9f1~
COMMERCIAl. GENERAL LIABILITY
eGL 004 (1206)
4. The following is added to paragraph 8. Transfer Of RighCs Of RecoVery ASalnst 0Ihets To Us:
We YJaive any right of recovery we may have because of payments we make for inJwy or damage arising out
of your ongoIng operations Dr "your ~ done under a written contract requiring soch wa/Yerwlth that person
or organization and Included In the .products-completed operations hazard-. Howevert our rights may oJ;1ly be
waived prlorto the .occurrence- giving rise to the Injury or damage for which we make payment under this
Coverage Part. The Insured must do nothing afIet a loss to impair our rights. At our request, the insured wRl
bring "sulr or transfer those rights to us and help us enfolCe those rights.
5, Paragraph 10. is added as fOllows:
10. Liberalization
If we revlse thls Coverage Form to provide more coverage without additional premium charget your policy
will automatically provide the addJtronal coverage _ of the day the revision Is effective in the applicable
state(s).
SECTJON V - DEFINITIONS Is amended as follows:
The following is added to subparagraph 12, f. (1) of "Mobile equipment" definition:
This does not apply to self-prOpelled vehicles of less than 1,000 pounds gross vehicle weight.
CGl 004 (12 06) Includes copyrighted material of u'e Insurance Services Offlce,lnc.. with its permission. Pag912 of 12
COpyrfght 2006 FCC' Insurance Group.
FILE NO.:
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ITEM NO.:
ROUTED TO:
DO NOT WRITE ABOVE THIS LINE
REQUEST FOR LEGAL SERVICES
Date: July 28, 2009
To: County Attorney's Office
Attention: Jeff Klatzkow
From: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department, Extension 8941
Re: Contract: #09-5239 "Annual Contract for Landscape Maintenance
Vendors"
Contractor: Hannula Landscaping and Irrigation, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on July 28, 2009; Agenda
Item 16.B.20
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
This is a standard contract with no changes. Please forward to BCC
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.
C: Liz De Leon, A TM
RLS # 0 1- I r2C!- - tJ /;11 !
CHECKLIST FOR REVIEWING CONTRACTS
Entity Name: f.l..AlUtUlA J...A- ~1lrAJ'().St9-ftIJEAJa. .4Mf'> 1fU)/~4r/f)IU.J (~c..
ExpDate if; {IP
Exp Date I'
_~:==y es
Entity name correct on contract?
Entity registered with FL Sec. of State?
Insurance
Insurance Certificate attached?
Insured registered in Florida?
Contract # &/or Project referenced on Certificate?
Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ -z. "", L
Products/CompVOp Required $
Personal & Advert Required $
Each Occurrence Required $
Fire/Prop Damage Required $
Automobile Liability
Bodily Inj & Prop Required $ Z \V..\ L.
Workers Compensation
Each accident Required $ \ t'-^ I L
Disease Aggregate Required $
Disease Each Empl Required $
Umbrella Liability
Each Occurrence Provided $ :3 MH
Aggregate Provided $ ~ ,
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type:
~Yes
~Yes
-1L- Yes
----l..L- Y es
Provided $ Z t\..u L
Provided $ l (
Provided $ I t\I\ ~ \..
Provided $ t I
Provided $ '~Ol Of)b
Provided $ I 1M. I ,
Provided $ S' 00, (1M
Provided $ I C
Provided $ ( (
Provided $
Provided $
Required $
Provided $
County required to be named as additional insured?
County named as additional insured?
~Yes
--\.L- Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
~es
Yes
Performance Bond
Bond requirement referenced in contract?
If attached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
---L.Yes
~Yes
~Yes
~Yes
tl\\\
\
~Yes
~Yes
-----1LYes
Attachments
Are all required attachments included?
V<s
,.......< Y es
~Yes
No
No
No
No
No
No
Exp. Date
Exp. Date
Exp. Date
Exp. Date
Exp. Date
lj 13 (if)
, I
I I
( I
I'
Exp Date 11 {~ { 10
Exp Date t/ I ( I /)
Exp Date ~
Exp Date i '
No
Exp. Date
Exp. Date
Exp Date_
No
No
No
~No
Yes
No
Yes
Yes
No
No
No
No
No
No
No
No
No
No \'
Reviewer Initials: ~
Date: ~~r
04-COA- 103 /222
\vww.sunbiz.org - Department of State
Page 1 of2
'*""~ <fi:?'"
FLORIDA DEPARTMENT OF STATE ?~ )1, ." ",~,f, .'
DI\'ISJor\ 01 CORPOR.HIO:\S '111/;1;- , ,'l~ -",,;'
? ,~\.' 4'1""""c" i1
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Home
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Detail by Entity Name
Florida Profit Corporation
HANNULA LANDSCAPING AND IRRIGATION, INC.
Filing Information
Document Number P92000010592
FEI/EIN Number 650375795
Date Filed 12/08/1992
State FL
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 07/18/2008
Event Effective Date NONE
Principal Address
28131 QUAILS NEST LANE
BONITA SPRGS FL 34135 US
Changed 04/29/1997
Mailing Address
28131 QUAILS NEST LANE
BONITA SPRGS FL 34135 US
Changed 04/29/1997
Registered Agent Name & Address
HANNULA, DALE F
28131 QUAILS NEST LANE
BONITA SPRINGS FL 34135 US
Address Changed: 04/29/1997
Officer/Director Detail
Name & Address
Title PST
HANNULA, DALE F
28131 QUAILS NEST LANE
BONITA SPRINGS FL 34135
Annual Reports
Report Year Filed Date
2007 04/30/2007
2008 04/28/2008
2009 04/14/2009
Document Images
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _number=P920000 1 059... 7/8/2009
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Rhonda Cummings, FCCN, CPPB, Contract Specialist
Purchasing Department
/ ~.
..r
( J n.t'/~"-
X ~
/ ~
DATE: July 28, 2009
RE: Review of Insurance for Contract: #09-5239 "Annual Contract tor
Landscape Maintenance Vendors"
Contractor: Hannula Landscaping and Irrigation, Inc.
This Contract was approved by the BCC on July 28, 2009; Agenda Item
16.8.20
Please review the Insurance Certificates for the above referenced contract. If
you have any questions, please contact me at extension 8941.
Thank you.
C: Liz De Leon, A TM
bAtt ~rVED
JUL 292009
RISK ~HT
~~
~4
dod/RC