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HomeMy WebLinkAboutSure-Fire Inc Server Room HVAC Replacement Oshkosh Public Libraryu_C(0-3— IES' Oshkosh CONTRACTOR AGREEMENT: SERVER ROOM HVAC REPLACEMENT OSHKOSH PUBLIC LIBRARY CITY OF OSHKOSH THIS AGREEMENT, made on the 22ND day of August, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SURE-FIRE INC., 617 WASHINGTON STREET, PO BOX 191, HORICON, WI 53032, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: E;L,aa,� (-,-A) A,%41 & W,1A — sir¢.- P. "Ll mac.. (Name, Project Manager, Contractor Firm Name) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hail, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon G. Urben, General Services Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Quotation for the Project titled "Oshkosh Public Library Server Room HVAC Improvements' dated July 26, 2017, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than December 31, 2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $18,404.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: �W (Seal of Contractor if a Corporation.) (Witness) APPROVED: B V 1 r X11! .j.►I •WA CONTRACTOR /CONSULTANT By: (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: zK Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. la LL�M City Comptroller i� 14 8/17/2017 THU 9:29 FAX 920 485 4075 SURE-FIRE, INC. ®001/001 ■ ■ CITY OF OSHKOSH REQUEST FOR QUOTATION OSHKOSH PUBLIC LIBRARY SERVER ROOM RVAC IMPROVEMENTS Page i of 1 QUOTATION DEADLINE IS 10:00 AM, THURSDAY, AUGUST 17, 2017 From: Sure -Fire,, inc. (bidder's companyname) We, the undersigned, propose to furnish all labor and materials to perform the HVAC Improvements of Oshkosh Public Library Server Room per this RFQ. Any area of the proposal page left blank may be considered as a non-responsive bid. Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued prior to the bid date in association with this project. These Addenda are numbered 1 through . 1 , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this bid. If no addenda were issued for this project simply enter "N/A" above. Base Quote: eighteen thousand, four -hundred, four dollars $__18,404 00 (Base Quote Price — In Words) Date Submitted; 8/17/17 Name of Company:_ Sure -Fire, Inc. Submitted by: (name and title) Edward Malesevlch - Vice Presldent/Proleet Manager Email address: edwardm@surefireinc.com Address of Company: 617 Washington St.; PO Box 191; Hodcon, WI 53032 Phone: (820) 485-4883 Delivery and install in 30 days after receipt of order Payment terms Monthly progress payor nts 9//-7//7 33 SUREF-1 OP ID: A7 ACOROF CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMIDDfyYYY) 08/22/2017 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 McClone - Fond du Lac 885 Western Avenue Suite 100 Fond du Lac, WI 54935-3874 CONTACT NAME; Ann Linzmeyer PHONE FAx AI _(vc rro 920-929-8243 C NO: 920-921-6142 E-MAIL ADDRESS; ann.linzmeyer mcclone.com Patrick McClone MED EXP (Any one person) $ 10,00 INSURER(S) AFFORDING COVERAGE NAIC k INSURER A: SECURA Insurance 22543 PERSONAL & ADV INJURY INSURED Sure -Fire, Inc. INSURERS : Rockhill Insurance Company 28053_ PO Box 191 617 Washington Street Horicon, WI 53032-0191 INSURER C: INSURER D: _ INSURER E: INSURER F: AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED I SCHEDULED AUTOS AUTOS (�y I tX HIRED AUTOS I I AUTOS II— r()VFRAGFS 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 POLICY EFF PAID CLAIMS ILTR I TYPE OF INSURANCE INSD ADDLTWVD SUB POLICY NUMBER MMIDDIYYYY I MMLDDY/YYYYI T LIMITS II A X COMMERCIAL GENERAL LIABILITY , � � CLAIMS -MADE t X I OCCUR E8r0 X CP3134556 ERRORS & OMISSIONS CP3134556 02/01/2017 02101/2017 02/01/2018 02/01/2018 EACH OCCURRENCE $ 2,000,00 _ X 7Ci�AG Yb-RR_PNT€b pREMlSES (Ea occurrence) $ 100,00 MED EXP (Any one person) $ 10,00 PERSONAL & ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY )ECT LOC OTHER. GENERAL AGGREGATE $ 4,000,00 PRODUCTS - COMP/OP AGG $_ 4,000,00 _ $ -- A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED I SCHEDULED AUTOS AUTOS (�y I tX HIRED AUTOS I I AUTOS II— X A3134557 02/01/2017 02/01/2018 COMBINED SINGLE LIMIT (Ea accidenq _ $ 1,000,00 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ _ $ A X I UMBRELLA LIAB_—] EXCESS LIAB X OCCUR CLAIMS -MADE X CU3134559 02/01/2017 02101/2018 EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 I DED RETENTION $ 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Z ANY PROPRIETDRIPARTNERIEXECUTIVE YIN I OFFICER/MEMBER EXCLUDED? ((Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A WC3134558 02/01/2017 02/01/2018 PER OTH- STATUTE ER _X EL. EACH ACCIDENT $ 500,00 E DISEASE - EA EMPLOYEE $ _ 500,00 E . DISEASE - POLICY LIMIT $ 600,00 B 'ROCKHILL POLLUTION ENVP011242 10/10/2016 10/10/2017 POLLUTION 1,000,00 DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) PROJECT: OPL SERVER (SEE ATTACHED) CER I IFICA I I_ HULULK I Ar1dk CLLR I IUN CITYOFO CITY OF OSHKOSH ATTN: CITY CLERK 215 CHURCH AVENUE PO BOX 1130 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 Patrick McClone ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD HOLDER CODE CITYOFO SUREF-1 PAGE 2 NOTEPAD. INSURED'S NAME Sure -Fire, Inc. OP ID: A7 oar. 08/22/2017 CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSURED WITH {ESPECT TO WORK PERFORMED BY SURE-FIRE INC. 30 DAY WRITTEN NOTICE OF CANCELLATION APPLIES (EXCEPT IN THE EVENT OF NON- PAYMENT OF PREMIUM, THEN 10 DAY NOTICE). (SEE ATTACHED ILE1037, ILE1040, AND CAE0131) 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 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: 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 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. EXTENDED AUTOMATIC ADDITIONAL INSURED 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 Extended Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written contract or written agreement you executed 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 which the written contract or written agreement applies. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for which the written contract or written agreement applies are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Extended 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. 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. ILE 1040 Includes copyrighted materials of Insurance Services Office, Inc., with its permission. Page 1 of 2 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. Extended Additional Insured — Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization who is not a signatory to, but is shown within a written contract or written agreement you executed 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 "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for which the written contract or written agreement applies and included in the "products -completed operations hazard". 2. Limitations The Extended 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 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. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 1040 Includes copyrighted materials of Insurance ServicesOffice, Inc., with its permission. Page 2 of 2 1105 © 2011, SECURA Insurance Companies THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. AUTO ADDITIONAL INSURED WRAP This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. AUTOMATIC ADDITIONAL INSURED — PRIMARY AND NONCONTRIBUTORY SECTION II — COVERED AUTOS LIABILITY COVERAGE, subsection A. Coverage, paragraph 1. Who Is An Insured is amended to add: d. (1) Automatic Additional Insured — Primary And Noncontributory Any person or organization is an additional insured when you and such person or organization have agreed in writing prior to a loss that such person or organization be added as additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto", provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. This insurance is primary and is not contributing with any other insurance carried by the additional Insured. (2) Blanket Lessor Additional Insured Provisions If the additional Insured is a lessor of a 'leased auto"; (a) Coverage i. Any "leased auto" that is a covered "auto" will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto' Who Is An Insured is changed to include as an "Insured" the lessor. ii. The coverages provided under this endorsement apply to any 'leased auto' until the policy expiration date, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. (b) Loss Payable Clause I. We will pay, as interest may appear, you and the lessor for "loss" to a 'leased auto'. ii. The insurance covers the interest of the lessor unless the `loss" results from fraudulent acts or omissions on your part. iii. If we make any payment to the lessor, we will obtain his or her rights against any other party. (c) The lessor is not liable for payment of your premiums. (d) Additional Definition As used in this endorsement: "Leased auto" means an "auto' leased or rented to you including any substitute, replacement or extra "auto' needed to meet seasonal or other needs, under a leasing or rental agreement that required you to provide direct primary insurance for the lessor. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 1508 0 2015, SECURA INSURANCE, A Mutual Company B. WAIVER --TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, subsection A. Loss Conditions, paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is amended to add: We waive any right of recovery we may have against any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be waived from recovery because of payments we make for injury or damage arising out of an "accident" and resulting from the ownership, maintenance or use of a covered "auto". However, our rights may only be waived prior to the "accident" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 2 1508 02015, SECURA INSURANCE, A Mutual Company