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HomeMy WebLinkAbout2016-26962016 -2696 AIA Document A151 TM - 2007 Standard Form of Agreement between Owner and Vendor for Furniture, Furnishings and Equipment where the Basis of Payment is a Stipulated Sum AGREEMENT made as of the 11`h day of January in the year 2016 BETWEEN the Owner: City of Columbia Heights 590 401h Avenue NE Columbia Heights, MN 55421 and the Vendor: Embury Ltd. 809 Burton Boulevard, Unit E De Forest, WI 53532 for the following Project: Furniture, Furnishings and Equipment for the new Columbia Heights Library — Bid Package 1: Shelving, End Panels, Canopy Tops 3939 Central Avenue Columbia Heights, MN 55421 The Architect: HAMMEL, GREEN AND ABRAHAMSON, INC. 420 5th Street North, Suite 100 Minneapolis, Minnesota 55401 The Owner and Vendor agree as follows. AIA Document A151- - 2007 (formerly A175T1°ID - 2003). Copyright g 2003 and 200^ by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 1 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (1814783 "3v) TABLE OF ARTICLES THE CONTRACT DOCUMENTS DATE OF COMMENCEMENT AND COMPLETION CONTRACT SUM PAYMENTS ENUMERATION OF CONTRACT DOCUMENTS MISCELLANEOUS PROVISIONS ARTICLE 1 THE CONTRACT DOCUMENTS § 1.1 The Vendor shall fully execute the Work described in the Contract Documents. § 1.2 The Contract Documents consist of this Agreement, conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior and subsequent negotiations, representations or agreements, either written or oral, unless the procedure for a change in terms is followed as described in Section 1.3. An enumeration of the Contract Documents, other than Modifications, appears in Article 5. § 1.3 A change in terms to this Agreement shall become valid only by means of a Modification signed by both the Owner and Vendor. ARTICLE 2 DATE OF COMMENCEMENT AND COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. § 2.2 The Vendor shall complete the Work not later than the following date: May 13, 2016 Portion of Work Substantial Completion date ARTICLE 3 CONTRACT SUM The Owner shall pay the Vendor the Contract Sum in current funds, including all applicable taxes, for the Vendor's performance of the Contract. The Contract Sum shall be Ninety -four thousand nine hundred nine dollars and 30 cents ($ 94,909.30) subject to additions and deductions as provided in the Contract Documents. ARTICLE 4 PAYMENTS § 4.1 PAYMENT TERMS The Owner shall make payments to the Vendor in conformance with the following payment terms: (Insert payment terms, including net days from approval of application for payment and criteria for deposits, discounts, progress payments, special orders, changes, cancellations and restocking, and final payment.) AIA Document A351- - 2007 (formerly A175WID - 2003). Copyright O 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by D.S. Copyright Law and International Treaties. Unauthorized reproduction or 2 distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. user Notes: (1814783539) § 4.2 PROGRESS PAYMENTS § 4.2.1 Based upon applications for payment submitted to the Owner by the Vendor, the Owner shall make progress payments on account of the Contract Sum to the Vendor as provided below and elsewhere in the Contract Documents. § 4.2.2 Each application for payment shall be based on the payment terms as described in Section 4. 1.1 and shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS § 5.1 The Contract Documents, except for Modifications issued after execution of this Agreement, include this Agreement and the following other documents listed in Sections 5.2 through 5.6. § 5.2 The General Conditions are AIA Document A251 TM -2007, General Conditions of the Contract for Furniture, Furnishings and Equipment. § 5.3 The Supplementary Conditions, other Conditions of the Contract and Specifications are as contained in the Project Manual dated December 18, 2015, and are as follows: BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF CONTRACT 00151 Standard Form of Agreement Between Owner and Vendor — AIA A151 ID -2007 00300 Instructions to Bidders 00400 Bid Forms: Group #1: 12900 Library Shelving Group #2: 12910 Library End Panels & Canopy Tops DIVISION 1— GENERAL REQUIREMENTS 01330 Submittal Procedures 01700 Contract Closeout 01740 Warranties DIVISION 2 —12 NOT USED § 5.4 The Drawings are enumerated as follows: Shelving Plan 1500, dated December 18, 2015 Detail 1 Canopy Top Detail 2 End Panel Detail 3 End Panel with Slatwall Detail 4 Custom Canopy Top Detail 5 Custom End Panel § 5.5 Addenda, if any, are enumerated as follows: Addenda 1 and 2 AIA Document A151- - 2007 (formerly A175 -ID - 2003) . Copyright `- 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (1814783539) Number Date Pages § 5.6 Other Contract Documents are as follows: Vendor Bid Form Exhibit A (attached) ARTICLE 6 MISCELLANEOUS PROVISIONS § 6.1 The Vendor shall make no payment to persons employed by the Owner or consultants for the Owner, with regard to this Agreement, without disclosure and written approval of the Owner. § 6.2 The terms and provisions contained in the documents enumerated in Sections 5.2 through 5.5 shall take precedence over conflicting terms and provisions contained in documents enumerated in Section 5.6. § 6.3 The Vendor shall purchase and maintain insurance as set forth under Article 13 of A251 -2007. (List any required limits for insurance) Type of insurance This Agreemen entered in o as of day and year first written abo OWNER (Signature) Gary L. Peterson, Mayor (Printed name and title) OWNER (Signature) Walter R. Fehst, City Manager (Printed name and title) Limit of liability $0.00) Subject to the attached Embury, Ltd. bid qualifications and Terms and Conditions, which were contained in our bid response. I+ AIA Document A15191 - 2007 (formerly A175 -ID - 2003). Copyright o 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. User Notes: (1814783539) Exhibit A SECTION 00400 1?ID FORM (Submit In Duplicate) FURNISHINGS FOR PROPOSAL FOR: New Columbia Heights Library Shelving, End Panels, Canopy Tops Furniture, Furnishings and Equipment (FFSE) 3939 Contras Avenue Columbia heights, MN 55421 BIDDER: EMBURY LTD (1) We hereby submit our bid for FURNISHINGS FOR THE NEW COLUMBIA HEIGHTS LIBRARY to CITY OF COLUMBIA HEIGHTS, COLUMBIA HEIGHTS, MINNESOTA, to accomplish the Work In strict accordance with the requirements of Specifications for the Work dated December 18, 2015. (2) ACCEPTANCE OF BIDS: in submitting this bid, it Is understood ftt the right is reserved by Owner to azcapt any quotation or bid in his best interest, reject ass bids, and to waive minor discrepancies in bidding procedure. The Undei-signed will not withdraw this bid within 30 days after the date of opening of bids. (3) _COMMENCEMENT AND COMPLETION OF WORK. If the undersigned Is notified of the acceptance of this bid within 30 days after the da'W of proposal opening, he agrees to deaver funiishings In accordance with the contraot schedule. The Emergency Department Renovations project is currently under construction. (4) SPECIFICATION GROUP LIST: This submittal contains bids on the following groups as listed. Odumble Heights Library FFE Sid Fonn 3624001 -M - Bid Package i December 30, 2015 00400-1 p SPECIFIED MANUFACTURER: GROUP 1 - Shelving It= Description Qty Unit Price Fended Price ST -4 Shelving Unit 2 $150.74 $301.48 ST-2 Shelving Unit 107 $189.16 $20,240.12 ST -2a Shelving Unit 2 $398.41 $796.82 ST-2b Shelving Unit 6 $186.96 $1,133.77 ST-3 Shelving Unit 6 $191.85 $1,151.10 ST-3a Shelving Unit 6 $191.85 $1,151.10 ST-4 Shelving Unit 15 $124.73, $1,870.95 ST-5 Shelving Unit 2 $141-241 $3,389.76 IST -58 Shelving Unit 1 $153.751 $153.75 ST-6 Shelving Unit 3 _$121.29 $363.87 IST-7 Shelving Unit 2 $1,0M08 $2,160.16 rST-8 Shelving Unit 2 $577.40 $1,154.80 Shelf Accessories Canopy Top 1 $336.47 $336.47 Adjustable Magnetic Backstop 30 $4.71 $141.30 $944.94 9" Findable Bco+k Support 1351 $3.11 I $4,201.61 $1,076.56 Plexi Newapaper Covers 16 $10.50 $168.00 $273.99 Dernco Maq Boxes Top Custom CT-C) 1188.96 I EE $455.67 z &9ni 3 $31.281 $93.84 m StandeA 90 $41.001 $3,690.45 • La !Re 15 $57.69, $288.45 forty-two thousand, four hundred fifty-one and 33/100 dollars To -sl Exiertided Price: $42,451,33 Manufacturees Bid is $42,451.33 as specified. SPECIFIED MANUFACTURER: GROUP 2 - End Panels, Canopy Tops Ita n Oescription Qty Unit Price Mdanded Price EP -1 End Panel 4 $49.45 $197.80 EP -2 End Panel 38 $376.23 $14,296.74 EP-3 End Panel 9 $465.01 $4,185.09 EP-4 End Panel 9 $323.04 $2,907.18 EP-5 End Panel 12 $337.85 $4,054.20 EP-6 End Panel 2 $367.64 $735.28 EP-7 End Panel 12 $325.06_ $650.12 EPICT End Panel Custom (1 EP -C1; 1 EP -C2 ) 2 $854.80 C3 -1 Canopy top 2 $24.57 $49.14 a7 -2 Canopy Top 28 $400.07 $11,201.96 C7-3 Canopy Top 29 $326.81 $9,477.49 jCT-4 Canopy Top 3 $253.52 $760.56 f=-5 Canopy Top 1 $336.47 $336.47 C'T-8 Canopy Top 3 $314.98 $944.94 CT -7 Canopy Top 4 $269.14 $1,076.56 ZT -8 jCanopyTop 1 $273.99 $273.99 EFICT ICanopy Top Custom CT-C) 1188.96 $455.67 EE $455.67 i -two thousand, four hundred fifty-seven and 991100 dollars Total 2dended Prig: I $52,457.991 Columbia Heights Library FFE 3624- 001 -00 Bid Padcage 1 Manufsaturees Bid Is $52,457.99 as specified. December 30, 2015 Bid Form 00400-2 61 � (5) BID FORM SUMMARY SHEET Manufacturer Eklanded Price Group #1 Shehrtn 2 451.33 Groue #2 End Panels Canopy To ps $52.4 7.99 nine -four thousand nine hundred nine and 30/100 dollars BID TOTAL $94,909.301 ENCLOSURES initlal Acknowledws lackislon with Bid Shelving Shop DravAngs: End Panel Mock-up (6) CONTRACT: If awarded the Contract, the Undersigned agrees to execute an agreement wiihin bye spedfied time in the form of American Institute of Architects A 151 Standard Form of Agreament Between Owner and Vendor for Furniture, Furnishings and Equipment, for the above stated compensation and provlde the spacifled Performance and Labor/Material Pawient bands, if requested by the Owner. (7j LIEN 1';AIVER: Upon award of contract, Contractor is required is submit lien waiver vAiih final In-mica. f (8) ADDENDA. Addendum lr�fi:9lons numbers) Addanda #1: °12/30/2015 Initial: 46 have been received and inocrporated in this bid. Addends #2: 12!30/2015 Initial: (9) If a Corporation, what Is Stste of inoorperatlon? Wisconsin (10) If a Partnership, state full names of all parinars: Raspadiully submMod, signed and sealed on the 4th day of January In the year 2016 vendor Name: EM BU RY LTD Address: 809 Burton Blvd Unit E By. By: (Aft Caiporsh De Forest WI 53532 Title: President Title: Date: Cdlumbla Heights Library FIFE Bid Form 3624- 001 -00 Bid Package 1 December 30, 2015 00400-3 n a s e e � o e � U U 5 Q A � v m �2� Q a gg g m c V L 'td a E H U O U � v � o 3 3 a a x II. y H � o a C � w a:zCaZ . I. 1 ._1 . - -� °v I II IM I N I 1 F 1 S CS ' j co! I, i I ' I i I_ I - I 'c�OO•I�!���Ia°o.i�j 'Nl�lrnl�jml 'LOIf- Oi jN Nl Ia -l6 pj' O ;U.) v Nam MMMIW MI e0O• i.l�'I O I0I I iQi QjQ a a, ; Wy W M I N Z 1\ W n! 0 Cp I� �t`• I M IW' IO coIjC LO W Nr O� �O'R' �O r jW (O ti N N 7�V I � II I�j�i I �.I iNj�X EMI ICI . 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(Dl(D,CD4Lj(L' I--1 a. <1 CLI 00 W co (D <Iw -i -j -JIo al lw 'i I IWI-i 0i LLI LL: LL:i YILLI W W:�- LWI, !e w :? y w a _J: W LL: Z Z;Z� C, uj W- _j uj; I � i -i :E >L I w =1 W! Al< < a. CL I IL LU Wwg,L000 -Jwz 0 S vi 0 01 X CL �d C) 0 a ZI l: ca m I IU) Cl) Co a z z z U) DIZI _71 C, z .111 111 wl 6 12 R 2- Z, L Li Lz�u Iliil�Il I ,ii�l'�lil Z. Z CD sz I a. a. cL I (LI 0io: t -i Li 8!c� w L-Uj ud V I F-I (cW'"IcNO�0 UJ co MOM LU a LU oizlz cr) 13 Z w X. ui:—i >-i Lu w 0 2 9 1 � <; <, IL a. ft 9: IL 9 0 CLI cL cL a. M En co V co i 001 1 0-!o 0 0 IL 0 UL Q:cl a 1� Z, g �2 $0 z z 9 1 3: a zzz <1 -i ""Z Z81 w W LLjlq U1..$ v)-o I I I I I .} 1 �. ! U) tn. 'o O. C CO—CMIM— c4 1 --N:— iL91 14 i CL 11 L-JI8 rC?lo,l [C-ol Ic — I.. L.- 0 1 , Ifu 01 ca E .1 Cl) I(0ci 1 al ICI CN. co 06 Go[ m co W co co 4 OR 15 cm 4 r-12 CO QD 00 N 4m mi IV CO 1--� v co w CD N Go m I nu g nm r-, W CO iCD do 10 La 42 1 ion.; 0 'D ; ci C41M M7 1 corw II I�IIIIjI!I ca E .1 1 :7mbury, Ltd, Library Furnishing Specialists 809 Burton Blvd., Unit E nePorest, WI 53532 Phone 855 -846 -0999 Fax 877 -218 -7678 B/D gvR1,1FICRTION5 �,lt is understood that this proposal is being submitted for the Columbia Heights Public Library shelving, end panels and canopy tops. >The qualifications on this sheet are negotiable. i ,Prices are good for 30 days from date of proposal. :- Prices are based on quantities quoted. Any change in quantity may affect final price of each unit. .,Our proposal is based on the information provided by Hammel, Green and Abrahamson, Inc. and the City of Columbia Heights, as Embury, Ltd interprets this information. ,Sales tax is not included. .,,-All prices are based on manufacturer's standard materials and construction. ,All prices include material, freight, and installation. > Delivery and Installation Time Line: • Our schedule for delivery and installation of furniture shall occur by the end of May 20, 2016, provided Embury, Ltd. receives a Purchase Order, deposit, approved drawings and all finishes selected no later than Friday, February 5, 2016. (see enclosed Terms and Conditions sheet). • Embury, Ltd. reserves the right to bill for a percentage of the order if the project schedule is delayed beyond the product ship date. • If project is delayed past the proposed installation date, without appropriate lead time, Embury, Ltd. may need to store product, incurring double handling costs, and thus these fees shall be passed along to the end user. a ,Building requirements for Installation: • clear and open access, during installation, to the complete building • all ceiling, floor and wall treatment in the building shall be complete prior to delivery and installation of shelving and furniture • free use and open access to all elevators (in multi -level structures) and loading docks, as needed (if elevator is not in service at the time of installation, Embuty, Ltd. shall be notified of this fact two weeks in advance ofthe scheduled installation. Without a working elevator, it shall be the responsibility of the owner to get product to the appropriate floor and /or area.) • access to site and exterior doors to building where product is to be unloaded • floor to be clear of all materials, furniture and books for efficient installation and no interference to Embury, Ltd. installers by other trades, movers or staff • if any of the above requirements are not met, Embury, Ltd. has the right to charge the owner for any installation delays if field dimensions are required, they must be taken 75 days or more prior to delivery mbury, Ltd. Library Furnishing Specialists 809 Burton Blvd., Unit E DeForest, Wl 53532 Phone 855 -846 -0999 Fax 877 -218 -7678 I -FRIVS and CONDITI01V5 Prices quoted are valid only for specified period of time. Order cannot be processed until after receipt of complete purchase order information, including selection of wood species and wood finish, where required; selection of steel shelving color, where required; plastic laminate and fabric colors, where required; verification ofunit dimensions and field dimensions; approval of shop drawings, where required; and fulfillment of specific credit requirements. Our terms are 50% deposit with order, with the balance due upon completion. Embury, Ltd.'s finance charge is 1 -1/2% per month on past due accounts. Orders are considered firm orders and cannot be canceled without Embury, Ltd.`s written permission. Enlbury, Ltd, reserves the right to issue a lien. In the event that the library is unable to receive the furniture per contract installation date, Embury, Ltd. will invoice for 80% of the total invoice and add 2% per month to the total invoice for storage. 19 CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 1/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: N1C01e Mani Neckerman Insurance Services 6200 Mineral Point Road PHON Ext: (608)238 -2686 aC No: (608)238 -7798 E -MAIL ADDRESS: nmani @neckerman.com INSURER (S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR Madison WI 53705 -4582 INSURERA:Secura Ins A Mutual Co 022543 INSURED INSURER B :Secura Insurance Co 22543 Embury Ltd INSURER C DAMAGE TO RENTED PREMISES Ea occurrence 809 Burton Blvd Ste E INSURER D: MED EXP(Any one person) INSURER E: DeForest WI 53532 INSURER F: TC3186215 COVERAGES CERTIFICATE NUMBER:15 -16 Standard REVISION Nl1MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN D SUBR WVD POLICY NUMBER EFF MMLDDY /YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 X TC3186215 11/8/2015 11/8/2016 PERSONAL & ADV INJURY $ Included AGGREGATE LIMIT APPLIES PER: POLICY PRO ❑ LOC JECT GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS- COMP /OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS A3186216 11/8/2015 11/8/2016 BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ Medical payments $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 A EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 $ CU31B6218 11/8/2015 11/8/2016 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N /A WC3186217 11/8/2015 11/8/2016 X PER OTH- ISTATUT E ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Columbia Heights is additional insured with respect to General Liability when required by contract. 30 Day Notice of Cancellation (10 days for nonpayment of premium) will be provided to certificate holder in accordance with the General Liability policy provisions. VG IIFIIUMi�nvw (763)706 -3701 City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 ACORD 25 (2014/01) INS025 nmann I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Randal Krantz, CIC /JP ^�,I/" ✓��� ©1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds Bruce Deming Individual, Insured Multiple Names Deming Associates Individual, Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM With respect to coverage provided by this Endorsement, the provisions of the Coverage Form apply unless modified by this Endorsement. Additional Insured provisions provided in this endorsement contain equivalent language to Insurance Services Office Endorsements CG 20 10 07 04 and CG 20 37 07 04. If a written contract or written agreement between you and the additional insured specifies that coverage for the additional insured form be provided by Endorsements CG 20 10 07 04 and /or CG 20 37 07 04, this endorsement shall be interpreted to comply with such requirement, but only to the extent that such coverage is included within the terms of the Coverage Part to which this endorsement is attached. A. Additional Insured When Required By Written Construction Contract 1. Operations Performed For An Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for that additional insured are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Additional Insured coverage is limited as follows: a. This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance 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 than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (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. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. ILE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 1 of 3 1105 © 2011, SECURA Insurance Companies d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. B. Additional Insured When Required By Written Construction Contract —Completed Operations 1. Additional Insured — Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization, when you and such person or organization have agreed in a written contract or written agreement prior to a loss, that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products- completed operations hazard ". 2. Limitations The Additional Insured - Completed Operations coverage is limited as follows: a. A person or organization's status as an insured under Additional Insured - Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written contract or written agreement. If no time period is required by the written contract or written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years from the completion of "your work" on the project which is the subject of the written contract or written agreement. b. The insurance as provided to the additional insured does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of "your work" for which a consolidated (wrap -up) insurance program has been provided by the prime contractor - project manager or owner of the construction project in which you are involved. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of "insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. e. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written contract or written agreement described in A. and B. above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: We waive any right of recovery we may have to recover we make for all or part of any payment we have made under this Coverage Part arising out of "your work" under a written contract or written agreement ILE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 3 1105 © 2011, SECURA Insurance Companies requiring such waiver with that person or organization. However, our rights may only be waived prior to the "occurrence" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. E. Amendment— Aggregate Limits Of Insurance (Per Project) Under LIMITS OF INSURANCE shown on the Declarations, the General Aggregate Limit applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the "products- completed operations hazard ". F. Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described in A. or B. above must give written notice of loss, including a demand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 1037 Includes copyrighted material of Insurance Services Office, with its permission Page 3 of 3 1105 © 2011, SECURA Insurance Companies