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HomeMy WebLinkAbout2012-138A � 17I � SECTION 00530 - EJCDC r10 Z� 138 AGREEMENT BETWEEN OWNER AND CONTRACTOR L ON THE BASIS OF A STIPULATED PRICE Bid No . 2012042 SOUTH REGIONAL WSTEWATER TREATMENT FACILITY HEADWORKS REHABILITATION THIS AGREEMENT ( "Agreement" or " Contract" ) dated _ ol � 11cl 11 20�. by and between Indian River County , a political subdivision the State of Florida ( " OWNER" ) and 1q0 Cc11J5\w %o ;►u ( " CONTRACTOR " ) . (� 14 � L BACKGROUND RECITALS A . Pursuant to applicable provisions of Florida law , OWNER has selected CONTRACTOR to perform certain work as more specifically described in the Contract Documents as defined in Article 8 of this Agreement and the term is as set forth in the Contract Documents , B . CONTRACTOR agrees to perform certain work as more specifically described in the Contract Documents on the terms set forth in the Contract Documents . NOW THEREFORE , OWNER and CONTRACTOR , in consideration of the mutual covenants hereinafter set forth , and intending to be legally bound , agree as follows : ARTICLE 1 WORK 1 . 1 . CONTRACTOR as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material , and equipment to perform the work as specified or indicated in the Contract Documents . CONTRACTOR shall complete all work as specified or indicated in the Contract Documents . The work is generally described as follows , and shall include , but is not necessarily limited to the following : Concrete restoration of the headworks and pista grit chamber located at the South Regional Wastewater Treatment Facility , including installation of interior protective coating throughout . Other miscellaneous structural repairs will be required including repair of corrosion on steel stairs , repair of concrete pedestal for paddle assembly , repair of expansion cracks on the concrete structure walkway , repair of the steel hoist rig at the headworks and disassembly/ disposal of the steel structure over the chlorine storage tanks . ARTICLE 2 ENGINEER 2 . 1 . The project has been designed by Rodolfo Villamizar , P . E . hereinafter called ENGINEER , and who is to act as OWNER ' S representative , assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents . 00530 - 1 ARTICLE 3 CONTRACT TIME 3 . 1 , Contract Times . The CONTRACTOR shall be substantially completed with the following timeframe : ( a ) Within 60 calendar days from effective date of Notice to Proceed , Contractor shall complete the following tasks : 1 . Obtain all necessary permits . 2 . Receive approved shop drawings for all materials and equipment to be utilized in the job . 3 . Perform all photographic recording and documentation of conditions prior to construction . 4 . Locate all existing utilities in the area of work . 5 . Submit and secure approval of shop drawings 6 . Mobilize all labor , equipment , and materials . 7 . Deliver and store all equipment and materials to the job site . 8 . Notify all utilities and other affected parties prior to initiating construction . ( b) From 61 calendar days to 75 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Complete project scope listed in Section 030130 . 2 . Perform all testing . ( c) From 75 calendar days to 90 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Restore all disturbed areas to their pre- construction condition . 2 . Correct all deficiencies noted by Engineer . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , and c) constitutes Substantial Completion . ( d ) From 90 calendar days to 105 calendar days from the effective date of Notice to Proceed , the CONTRACTOR shall complete the following tasks : 1 . Clean up project area . 2 . Remove all equipment and material from project site . 3 . Perform contract closeout procedures . Completion of all tasks outlined above ( i . e . , Subparagraphs a , b , c , and d ) constitute Final Completion , 3 . 3 Liquidated Damages . OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3 . 1 above , plus any extensions thereof allowed in accordance with Article 12 of the General Conditions . They also recognize the delays , expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the 00530- 2 work is not completed on time . Accordingly , instead of requiring any such proof , OWNER and CONTRACTOR agree that as liquidated damages for delay ( but not as a penalty) CONTRACTOR shall pay OWNER Four Hundred and Fifty ( $450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for Substantial Completion , if CONTRACTOR shall neglect , refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER , CONTRACTOR shall pay OWNER Four Hundred and Fifty ( $ 450 . 00 ) for each day that expires after the time specified in Paragraph 3 . 1 for completion and readiness for final payment . ARTICLE 4 CONTRACT PRICE 4 . 1 . OWNER shall pay CONTRACTOR for completion of the work i accordance with the Contract Documents in current funds in the amount of $ 9 � ARTICLE 5 PAYMENT PROCEDURES 5 . 1 , General . CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions . Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents . 5 . 2 . Progress Payments . The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act , Florida Statutes section 218 . 70 et . seq . The OWNER shall retain ten percent ( 10 %) of the payment amounts due to the CONTRACTOR until fifty percent ( 50%) completion of the work . After fifty percent ( 50 % ) completion of the work is attained as certified to OWNER by ENGINEER in writing , OWNER shall retain five percent (5 % ) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents . Pursuant to Florida Statutes section 218 . 735 (8) ( b) , fifty percent ( 50 %) completion means the point at which the County as OWNER has expended fifty percent ( 50 % ) of the total cost of the construction services work purchased under the Contract Documents , together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents . 5 . 3 . Pay Requests . Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR ' s certification . All progress payments will be on the basis of progress of the work measured by the schedule of values established , or in the case of unit price work based on the number of units completed . After fifty percent ( 50 % ) completion , and pursuant to Florida Statutes section 218 . 735 ( 8 ) ( d ) , the CONTRACTOR may submit a pay request to the County as OWNER for up to one half ( 1 / 2 ) of the retainage held by the County as OWNER , and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute ; the subject of a claim pursuant to Florida Statutes section 255 . 05 ( 2005 ) ; or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR . The CONTRACTOR acknowledges that where such retainage is attributable to the labor , services , or materials supplied by one or more subcontractors or suppliers , the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers . Pursuant to Florida Statutes section 218 . 735 ( 8 ) ( c) (2005 ) , CONTRACTOR further acknowledges and agrees that : 1 ) the County as OWNER shall receive immediate written notice of all decisions 00530- 3 made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent ( 5 % ) after fifty percent ( 50 % ) completion ; and 2 ) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request . 5 . 4 . Federal Funds , Paragraphs 5 . 2 and 5 . 3 do not apply to construction services work purchased by the County as OWNER which are paid for , in whole or in part , with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act . In such event , payment and retainage provisions shall be governed by the applicable grant requirements and guidelines . ARTICLE 6 FINAL PAYMENT 6 . 1 . Acceptance And Final Payment : Upon receipt of written notice that the work is ready for final inspection and acceptance , the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed , the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed , and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR , will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment . 6 . 2 . Acceptance of Final Pavment as Release . The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work . Any payment , however , final or otherwise , shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds , ARTICLE 7 CONTRACTOR ' S REPRESENTATIONS 7 . 1 . In order to induce OWNER to enter into this Agreement , CONTRACTOR makes the following representations : 7 . 1 . 1 . CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents , work , site , locality , and all local conditions and laws and regulations that in any manner may affect cost , progress , performance or furnishing of the work . 7 . 1 . 2 . CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4 . 02 of the General Conditions , and accepts the determination set forth in Paragraph SC-4 . 02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely . 7 . 1 . 3 . CONTRACTOR has obtained and carefully studied ( or assumes responsibility for obtaining and carefully studying ) all such examinations , investigations , explorations , tests , reports and studies ( in addition to or to supplement those referred to in Paragraph 7 . 2 above ) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may 00530 - 4 affect the cost , progress , performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 02 of the General Conditions ; and no additional examinations , investigations , explorations , tests , reports , studies or similar information or data are or will be required by CONTRACTOR for such purposes . 7 . 1 . 4 . CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities . No additional examinations , investigations , explorations , tests , reports , studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price , within the Contract Time and in accordance with the other terms and conditions of the Contract Documents , including specifically the provisions of Paragraph 4 . 04 of the General Conditions . 7 . 1 . 5 . CONTRACTOR has correlated the results of all such observations , examinations , investigations , explorations , tests , reports and studies with the terms and conditions of the Contract Documents . 7 . 1 . 6 . CONTRACTOR has given ENGINEER written notice of all conflicts , errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR . ARTICLE 8 CONTRACT DOCUMENTS 8 . 1 . The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following : 8 . 1 . 1 . This Agreement ( Section 00530 ) . 8 . 1 . 2 . Public Construction Bond ( Section 00600) . 8 . 1 . 3 . Notice of Award and Notice to Proceed ( examples in Section 00800) . 8 . 1 . 4 , General Conditions ( Section 00700) . 8 . 1 . 5 , Supplementary Conditions ( Section 00800 ) . 8 . 1 . 6 . Specifications bearing the title " South Regional Wastewater Treatment Facility Headworks Rehabilitation " as listed in the table of contents hereof. 8 . 1 . 7 . Exhibits and details inclusive with each sheet bearing the following general title " South Regional Wastewater Treatment Facility Headworks Rehabilitation " , inclusive . 8 . 1 . 8 . Addenda numbers_ to -- 8 . 1 . 9 . CONTRACTOR ' S Bid ( Section 00300 ) . 8 . 1 . 10 . Specifications bearing the title " IRCDUS Water and Wastewater Utility Standards , July 2011 $1 or the latest version thereof. 8 . 1 . 11 . The following , which may be delivered or issued after the effective date of the Agreement and are not attached hereto : All written amendments and other documents amending , modifying , or supplementing the Contract Documents pursuant to Paragraphs 3 . 04 of the General Conditions . 00530 - 5 8 . 2 . There are no Contract Documents other than those listed above in this Article 8 . The Contract Documents may only be amended , modified or supplemented as provided in Paragraphs 3 . 04 of the General Conditions , ARTICLE 9 MISCELLANEOUS 9 . 1 , Definitions . Terms used in this Agreement that are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions , 9 . 2 . No Assignment , The CONTRACTOR shall not assign , transfer , or otherwise dispose of this Contract or its right , title , or interest in or to the same or any part thereof , or allow legal action to be brought in its name for the benefit of others , without previous consent of the OWNER and concurrence to by the sureties . Any attempted assignment shall be void and may , at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto . OWNER and CONTRACTOR each binds itself , its successors , assigns and legal representatives to the other party hereto and to its successors , assigns and legal representatives in respect of all covenants , agreements and obligations contained in the Contract Documents . 9 . 3 . Licenses . The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9 . 4 . Remedies and Choice of Law This Agreement shall be governed by the laws of the State of Florida . Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County , Florida , or, in the event of federal jurisdiction , in the United States District Court for the Southern District of Florida . No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise . No single or partial exercise by any party or any right , power , or remedy hereunder shall preclude any other or further exercise thereof. 9 . 5 . Indemnification . CONTRACTOR agrees to indemnify and hold harmless the OWNER , together with its agents , engineers , employees , officers , elected officials and representatives , from liabilities , damages , losses , and costs , including but not limited to , reasonable attorney ' s fees , to the extent caused by a breach of this agreement or the negligence , recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the work under this Agreement . This indemnification and hold harmless provision shall survive the termination or expiration of this Agreement . 9 . 6 . Availability of Funds . The obligations of the Owner under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County . 9 . 7 . Pledge of Credit . The CONTRACTOR shall not pledge the OWNER ' S credit or make it a guarantor of payment or surety for any Agreement , debt , obligation , judgment , lien or 00530 - 6 any form of indebtedness . The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement . 9 . 8 , Counterparts . This Agreement may be executed in one or more counterparts , but all such counterparts , when duly executed , shall constitute one and the same Agreement . 9 . 9 , Public Records , The OWNER and the CONTRACTOR shall comply with the provisions of Chapter 119 , Florida Statutes ( Public Records Law) in connection with this Agreement . 9 . 10 . Severability . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Agreement , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law . 9 . 11 . Captions and Interpretations . Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number , and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise 9 . 13 . Entirety of Agreement . This Agreement incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Agreement that are not contained in this document . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the formality and of equal dignity herewith . 9 . 14 . Background Recitals . The background recitals are true and correct and form a material part of this Contract . ( Remainder of This Page Intentionally Left Blank ) 00530- 7 IN WITNESS WHEREOF , OWNER AND CONTRACTOR have signed this Agreement the day and year first written above . This Agreement will be effective on ' L — ITj OWNER CTU \ TOR _ (� Indian River County G N' v ©� � )jc Board . f Cou tv Commissioners ° %\SSIONFAs'VMP ..., Peter D . O ' Bryan , ce- Chd rim �►r . _ ( CORPORATE SEAL ) Attest : Jeffrey R . Smith , Clerk of Court � OJ ��r° u � c, Vlgr L Comptroller �.�!gNRIVERG •..• / +rrrrrr " By : too —_ _ Deputy Clerk Approved By : - �a Joseph A . 8# d , County Administrator Approved as to For nd gal Sufficiency : Ij wy�j a I/ County Att rney Address for giving notices Address for giving notices 1801 27th Street Vero Beach , Florida 32960 License No . Agent for service of process : END OF SECTION 00530 - 8 AMCON - 1 OP ID : JR ,4`coRn CERTIFICATE OF LIABILITY INSURANCE DAT0712411D NWY) 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( les ) 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 321 -397-3870 NAME: Insurance By Ken Brown, Inc. 321 -397-3888 HONK, E,�); FAX No PO Box 948117 -- - Maitland , FL 32794-8117 E-MAIL David R. Griffiths ADDRESS: INSURER(S) AFFORDING COVERAGE "CA INSURER A : Amerisure Ins Company 19488 INSURED AM Construction Group, Inc . INSURERB : Amerisun_e Mutual Ins. Co23396 12689164th Court N -- Jupiter, FL 33478 INSURER C : INSURER D : INSURER E ; INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED , NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OF INSURANCE POLICY NUMBEIt SUBIT POIDDY EF (MMtDDffyyyl LILY EXP LIMITS LTR TYPE LIABILITY I EACH OCCURRENCE $ 1 ,000AO ADD 01 A COMMERCIAL GENERAL LIABILITY X 34413 06/24/12 06/24113 PREMISESErre $ 100900 CLAIMS-MADE I X OCCUR MED EXP (Any one person) $ 5,00 X CGL Ext endt PERSONAL & ADV INJURY $ 11000100 GENERAL AGGREGATE $ 21000,00 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMP/OP AGG $ 2 ,000100 17 POLICY X� PRO- F1 LOC Il $ AUTOMOBILE LIABILITY EaMBINED accident SINGLLI 1100010 00 A X ANY AUTO 34414 06124112 06/24/13 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS I X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident 'HI UMBRELLA UAB X OCCUR [ AACH OCCURRENCE $ 29000 ,00 B I X EXCESS LIAB CLAIMS-MADE 34415 06/24/12 06124J13 EGATE $ 2x00090 FFF---------111 DEC) X RETENTION $ 0 S WORKERS COMPENSATION T RY LSM T R AND EMPLOYERS' LIABILITY Y / N I ANY PROPRIETOR/PARTNER/EXECUTIVE N / A EL. EACH ACCIDENT _ $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL. DISEASE - EA EMPLOYE $ Ifyes, describe under I DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ i I i i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, If more space Is r"ulred) Indian River County BOCC is listed as additional insured as respects to General Liability per CG7048 03 / 04 per written contract . CERTIFICATE HOLDER CANCELLATION INDIANR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Indian River County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS, 1801 27th Street Vero Beach , FL 32960 AUTHORIZED REPRESENTATIVE moo. 4de;R . © 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 ( 2010/05) The ACORD name and logo are registered marks of ACORD 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 11 - 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 addkional 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 respell to their duties as trustees . The insurance provided tc the additional insured is limited as foiiows : 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 ,`or 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. Ongoing 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 Includes copyrighted material of Insurance Services Office , Inc. , with its permission. Copyright Insurance Services Office , Inc . , 2003 CG 70 QS 03 04 page 1 of 2 (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 tyle written contract or agreement, or in the certificate of insurance or in the Declarations for this policy. If you also cavy 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 applicable to the additional insured under this policy shall be those specified in the Declarations of this policy. The limits of insurance applicable to the 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, shalt 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 status be provided by the use of CG 20 10 1185 , 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 modes 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 1185 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 "advertisin injury" arising out of an architect 's , engineer or surveyor 's rendering of or failure to render any professional services including but not limited to : 1 . The 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 the additional insured whether primary, excess , contingent, or on any other basis unless the written contract, agreement, 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 . Includes copyrighted material of Insurance Services Office, Inc. , with its permission Copyright Insurance Services Office , Inc. 2003 Page 2 of 2 CG 70 48 03 04 COMMERCIAL GENERAL LIABILITY CG 02 2012 07 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY, FLORIDA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy (3) Failure to comply with underwriting Condition is replaced by the following: requirements established by the insurer 2 . Cancellation Of Policies In Effect within 90 days of the effective date of a . For 90 Days Or Less coverage; If this policy has been in effect for 90 days (4) b test of tial change in the risk covered or less , we may cancel this policy by mail- y P cy; or Ing or delivering to the first Named Insured (5) The cancellation is for all insureds under written notice of cancellation , accompanied such policies for a given class of insur- by the reasons for cancellation , at least: eds. ( 1 ) 10 days before the effective date of If we cancel this policy for any of these ream cancellation if we cancel for nonpay- sons, we will mail or deliver to the first ment of premium ; or Named Insured written notice of cancella - tion , accompanied by the reasons for can- (2) 20 days before the effective date of cellation , at feast : cancellation if we cancel for any other a 10 days. before the effective date of reason , except we may cancel immedi- ( ) 10 dayls. be r we cancel for non- ately if there has been : (a) A material misstatement or misrep- payment of premium ; or resentation ; or (b) 45 days before the effective date of {b} A failure to comply with the under- cancellation if we cancel for any ofthe other reasons stat ed in Para- writing requirements established by graph 2. b. the insurer. B. Paragraph 5. of the Cancellation Common Policy b . For More Than 90 Days Condition is replaced by the following : If this policy has been in effect for more 5. If this policy is cancelled , we will send the first than 90 days , we may cancel this policy Named Insured arty premium refund due. If we only for one or more of the following rea. cancel , the refund will be pro rata . If the first sons: Named Insured cancels , the refund may be (1 ) Nonpayment of premium ; less than pro rata . If the return premium is not (2) The policy was obtained by a material refunded with the notice of cancellation or misstatement; when this policy is returned to us, we will mail the refund within 15 working days after the date cancellation takes effect, unless this is an audit policy . CG 02 20 12 07 0 ISO Properties, Inc. , 2007 Page 1 of 2 ❑ If this Is an a dit policy, then , subject t your C. The following is ad ed and supersedes an ot6r ! full cooperatio with us or our agent ins curing provisidn to the con ary the necessary ata for audit, we will retu n any NONR*NEWAL premium refun due within 90 days of th date If wle decide n to renew this pdicy e ' II I cancellation Was effect, if our audit is not me[ or deliver t the first Named Insu - completed wi in this time limitation , thin we ten notice of no renewal , accompanied by e i shall accept your own audit, and any pr mium reason for nonr ewal , at least 45 days prix o i refund due sh II be mailed within 10 orking the expiration of phi pdicy- days of receipt of your audit . 2. Any notice of onrenewal will be m fled Qr The cancellati n will be effective even if we delivered to the first Named Insured' s le t mlail- have not mad or offered a refund . ing ;address kncwn to us. If notice is ail b , prof of mailing will be sufficient proo of lice. ! CG 02 01 07 i i I i ! ! i I i I i i I I I I I I ! i I i i • j i I I I I ' j i ( i i I I i I ! Page 2 of 2 ® 1 Q Properties , Inc. , 2007 i II