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Opening of Quotations - Morris Bistro-Palais Furniture - Business Furnishings
IN! CITY OF SOUTH BEND, INDIANA CONTRACTOR'S QUOTE FOR PIJBLIC WORK PROJECT NAME: Morris Performing Arts Center Morris Bistro/ Palais Lobby Improvements - Furniture PROJECT NO. 1031-2017 - Furniture QUOTES DUE December 21, 2017 9:30 AM (Must be completed for all quotes. Please type or print) Date: 12/21/17 - Firm: Business Furnishings Address: 4102 Meghan Beeler Court City/State/Zip: South Beind/IN/46628 Telephone Number: ( 574 ) 243-3255 Agent of Bidder (if Applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of: Morris Bistro/Palais Lobby Improvements -Furniture the City of South Bend, Indiana, in accordance with plans and specifications prepared by: The City of South Bend, Department of Public Works and dated 12/21/17 1 for the sum of (enter the Total Quote as shown on the Proposal) $44,619,74 w/out alternates Forty-one thousand six hundred seventy-four dollars and ninety-three cents ($ 41,674.93 (Enter Sum of Total Quote plus Alternates shown on Proposal') (Numerical) w/ alternates If alternative, quotes apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included iin the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the City of South Bend, If the quote is to be awarded on a unit, basis, the itemlzation of the units shall be shown on a separate attachment. 1_/ ;,� The above quote is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member James A. Mueller, Member L-0 ACCEPTANCE day of �(Siginature) (Printed Na�rne of Person signing) Suzanna M. Friitzberg, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk NE Version 10/18/2016 Page - 6 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS (Must be completed for all quotes and bids. Please type or print) STATE OF Indiana ) ) SS: St. Joseph COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Version 10/18/2016 Page - 7 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBEIWBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16- 8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation Version 10/1812016 Page - 8 Public Works Quote 1031-2017 -- Furniture - Morris Performing Arts Center and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable, Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm tinder the penalties of pet ury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this i day of 120/7 Business Furnishings Contract9roi8der (Firm) gnature of Contractor/Bidder or Its Agent ryw-yov t*w I 0-'C"() Printed Name and Title Subscribed and sworn to before the this L day of 20-LI My Commission Expires . . .................... Notary Public AmCounty of Residence -"o A M - PATRICI-MITH A SEL S,7- Notary Public, St my cc atO of Indiana Mission Expires August 17, 2 Version 10/18/2016 Page - 9 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center QUOTE/PROPOSAL CITY OF SOUTH BEND Morris Performance Arts Center PROJECT NAME - Morris Bistro/ Pallais Lobby Improvements - Furniture PROJECT NO. 1031- 2017- Furniture QUOTES DUE December 21. 2017 91:30 AM BASE BID Item No. Description Quantity Unit Unit Price Totall Amount Leathercraft #239 Anson Game Chair. Outside Dimensions: 32"H x 30"W x 29"D x 20"SeatH, STD Finish: #3 STD Legs: Tapered Leg 1 Exposed Wood: Maple 16 Each $ 868.60, $ 13,897,60 STD Trim: #9 Natural Nails STD Seat Cushion: Poly Fiber STD Back Cushion: Poly Fiber STD Base: 'O'Casters Leather Grade 1: TBD Leathercraft #4392 Wyatt Chair. Outside Dimensions: 45"H x 34.5"W x 37.5"D x 20"SeatH. STD Finish: #3 2 Exposed Wood: Maple 4 Each $ 1,775.58 $ 7,102.32 STD Trim: Welt STD Seat Cushion: Spring Poly Dacron STD Back Cushion: Poly Fiber Leather Grade 1: color TBD Restoration Hardware, 2010 Century 3 Chrysanthemum Brasserie Table with 2 Each $ 550.00 $ 1,100.00 Brass Top 18"D,ia. X 24"H Restoration Hardware, 201h Century 4 Chrysanthemum Brasserie Table with 4 Each $ 1,450.00 $ 5,800.00 Brass Top 40"Dia. X 30"H Chicago Booth- Custom Banquettes Reference Chicago Booth Quote: Project - Morris Bistro Remodel, dated 101/13/17 Finished Sides: 2 Inside back style: Biscuit- tufted hang -on back over veneer surface- one row buttons) Outside back: Finished Seat Style: Titan w/ topseam Inside Back Material; Grade 4 vinyl, TBD 5 Outside Back Material: Maple 4 Each 3,329.07 13,316.28 Seat Material: Grade 4 vinyl, TBD Upper Base Material: Maple Top and Side Trim: Maple Lower Base: Heavy-duty black vinyl Cantilever Foot Rafl: Brushed Stainless Stain: CB, standard TBD Heavy-duty castors secured inside base 8'Lo,ng/ each banquette 60"H Wood panel Seat Height- 30"H Version 10/18/2016 Page - 10 Public Works, Quote 1031-2017 — Furniture - Morris Performing Arts Center 6 Freight 1 Lump Sum $ 2,031.89 7 Delivery& Installation 1 Lump Sum $ 1,371.65 Total Amount of Items 1-7 $ 44,619.74 ALTERNATES Item No. Description Quantity Unit Unit Price Total Amount Alternate in lieu of Item No. 1. Must meet same stylistic and functional Al properties as No. 1. Alternate submission 16, Each $ 841.86 $ 13,469.76 must be approved in writing by Tango Design (info be,low). Alternate in lieu of Item No. 2. Must meet same stylistic and functional A2 properties as No. 2. Alternate submission 4 Each $ 1,365.58 $ 5,462.32 must be approved in writing by Tango Design (info below). Alternate in l'ieu of Item No. 3. Must meet same stylistic and functional A3 properties as No. 3. Alternate submission 2 Each $ $ must be approved in writing by Tango Design (info below). Alternate in lieu of ltem No. 4. Must meet same stylistic and functional A4 properties as No. 4. Alternate submission 4 Each $ $ must be approved in writing by Tango Design (info below). Alternate in lieu of Item No. 5. Must meet same stylistic and functional A5 properties as No. 5. Alternate submission 4 Each $ must be approved in writing by Tango Designjinfo below). Alternate submissions may be sent to Tango Design, Allison Bogunia, esn co by 12/14/2017, One submission email per bidding party I (May contain multiple alternate selections). I Firm: Address: City/State/Zip: Business Furnishings 4102 Me.qhan Beeler Court South Bend/IN/46628 Telephone Number: ( 574 ) 243-3255 Fax Number: ---(..--574 )243-3266 a (Sig (Printed Name of Person Signing) Version 10/18/2016 Page - 11 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center PROJECT MANUAL FOR MORRIS BISTRO/PALAIS LOBBY IMPROVEMENTS FURNITURE 211 NORTH MICHIGAN STREET SOUTH BEND, INDIANA Project No. 1031-2017-Furniture December 7, 2017 Prepared for: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Prepared by: ALLIANCE 929 Lincoinway East, Suite 200 South Bend, IN 46601 For Bids Due December 21, 2017 SET NUMBER: PROJECT NAME: PROJECT NO. QUOTES DUE PROJECT DESCRIPTION SCOPE OF WORK CITY OF SOUTH BEND Morris Performing Arts Center Morris Bistro/ Palais Lobby Improvements - Furniture 1031-2017 - Furniture December 21. 2017 9:30 AM � VVACK A. The project includes the furnishing of all labor, services, materials, insurance required to deliver and install Furniture and Accessories to the Morris Performing Arts Center, South Bend, IN. Work to be performed shall include installation and procurement of the furnishings as specified in these documents. 11. PREVAILING SPECIFICATIONS AND DESIGN & CONSTRUCTION STANDARDS A. The City of South Bend's PREVAILING SPECIFICATIONS, most recent version, and DESIGN & CONSTRUCTION STANDARDS, most recent version, are to be used on this project. B. Each Quote provider is specifically instructed to become completely familiar with the most recent version of the PREVAILING SPECIFICATIONS and the DESIGN & CONSTRUCTION STANDARDS prior to submitting a quote, C� Wherever the PREVAILING, SPECIFICATIONS refer to "State Specifications," it shall mean the 2016 INDOT Standard Specifications for the letting effective after September 1, 2015. D. These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. E. In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, the SPECIAL PROVISIONS will govern, Ill. TERM "OR EQUAL" A. Prevailing Specifications: None B. Additions 1. Where the term, "or equal" is used in these specifications, the Quote provider deviating from specified item shall file with his/her Quote a letter fully explaining and justifying his/her proposed article or equal. The City of South Bend shall be the sole judge in determining if the "or equal" offered meets the specification. IV. TAX EXEMPT A, Prevailing Specifications: None B. Additions 1. Materials and properties purchased under contract with the Owner that becomes a permanent part of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales Tax). The exemption number will be furnished to the Contractor upon award. V. INDEMNIFICATION A. Prevailing Specifications: None B. Additions Version 10/18/2016 Page - I Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center 1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents, officers and employees, from all costs, losses, claims and suits, including court costs, attorney fees, and other expenses, arising from or out of the negligent performance of this Contract by Contractor, or because of arising out of any defect in the goods, materials or equipment supplied by the Quote provider. VI. INSURANCE A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 103 B. Additions: All Contractors and subcontractors doing business with the City of South Bend shall present a Certificate of Insurance showing coverage in the following minimum amount: a. General Liability: Premises -Completed Operations or Products, Bodily Injury and Property Damage Combined Single Limit - $5,000,000. b. There shall be no exclusion for explosion, collapse or underground hazard. c. Workmen's Compensation: Statutory State of Indiana Employer's Liability - $100,000. d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000. e. The City of South Bend shall be named as additional insured on the Certificate of Insurance. VII. CONTROL_ OF WORK A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 105 B. Additions: 1. The complete responsibility for this project lies with the Director of Public Works of the City of South Bend, Indiana acting through his authorized representatives. 2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel, equipment and supplies to perform all work required underthis item. There will be no direct payment for this item. 3. The contractor is responsible to maintain the site which includes but is not limited to; dust control, site security, erosion control, and protecting adjacent properties. 4. Work hours for the Project shall be from 7:00 a.m. through 6:00 p.m., Monday through Friday. No work shall be permitted on weekends, Holidays, or after hours unless approved by the City of South Bend Department of Public Works. 5. The delivery and installation schedule must be approved by the Morris Performing Arts Center; Contact Jim Monroe (ph. 674-674-245-6074). Vlll. LEGAL RELATIONS A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 107 B. Additions: 1. The Owner, where mentioned in these documents, is the City of South Bend. The Architect, where mentioned in these documents, is ALLIANCE Architects (interior Designer is Tango Design). 2, The Contractor shall apply for and obtain any and all required permits for the work from local, state, and federal agencies and shall comply with permit requirements, including the St. Joseph County 1 City of South Bend Building Department. 3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified and registered with the Secretary of State of Indiana to engage in business within the State of Indiana. 4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner reserves the right to immediately terminate the public work project awarded should the Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result in the forfeiture of Contractor's performance bond to the Owner. IX. PROSECUTION AND PROGRESS Version 10/1812016 Page - 2 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center A. Prevailing Specifications: 2016, INDOT Standard Specifications Sec. 108 B. Additions: 1. The project will have a completion date of eighty-four (84) calendar days for all work. The contract time will start when the Notice to Proceed is delivered and signed. 2. The City, Architect, and Contractor will hold a pre -installation meeting following award of the contract. The date of the Notice to Proceed will be agreed at that meeting. 3. Contractor shall provide a schedule with estimated lead times for each piece of furniture to the Owner prior to beginning any work on the site. X. CHANGE OF CONTRACT TIME A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108 B. Additions 1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the Contract Time shall be based on written notice delivered to the Department of Public Works within seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days after such occurrence unless an official of the Public Works Department allows an additional period of time to ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost to delays beyond the control of the Contractor if a claim is made in accordance with this provision. Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. 2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An extension is granted for weather conditions significantly more severe than normal if the Contractor demonstrates to the satisfaction of the City that the delay in the progress of the work was due to such weather, The basis to define normal weather with be the data compiled by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). 3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including fault or negligence of Contractor's subcontractors, caused the delay, or for which any remedies are provided under any other provision of this agreement. 4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of any rights or remedies existing under this contract at law or in equity. XL DEFAULT AND TERMINATION A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108 B. Additions: Events of Default shall include Contractor's failure to perform any of its obligations under this contract including failure to commence work at the time specified, failure to perform the work in accordance with these specifications, unauthorized discontinuation of the work, failure to carry out the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or regulations, and failure to comply with any other term of this contract, If an Event of Default occurs, the City shall provide Contractor written notice and may permit Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract in which case the termination shall be final and effective. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under separate provisions of this contract, the right of set-off against any payments due or to become due to the Contractor against the retainage, the right to take over and complete the Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that the Contractor has in order under Contractor's subcontracts are assigned to the City, subject to the City's right to take assignment of all or only selected subcontracts at the City's discretion, The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, the Contractor shall execute or cause to be executed any assignment, agreement, or other document that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to Version 10/18/2016 Page - 3 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center evidence compliance with this provision. The Contractor shall promptly deliver such documents upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment already involved, and for any claim, suit or cause of action based upon or resulting from any error, omission, negligence or other breach of contract by the Contractor, its officers, employees, or agents arising prior to the date of assignment to the City. XII. LIQUIDATED DAMAGES A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108 B. Additions: The contractor shall proceed with the work at such rate of progress to insure full completion within the Contract Time. it is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work, and excludes the time for unavoidable delays which were beyond the control and without the fault of the Contractor. If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages a sum of one hundred dollars ($100.00) for each calendar day that the Contractor shall remain in default after the time of completion stipulated in the Contract Documents. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner and Engineer/Architect. a. To any preference, priority, or allocation order duly issued by the Owner, b. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. XIII. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days 2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of payments throughout the duration of the project. 3. Before final payment and retainage are released the Contractor must satisfy the following: a. All parts and labor meet requirements stated in the specifications. b. Provide copies of test reports or cut sheets on all materials supplied. c. Provide As -Built drawings in accordance with the City of South Bend Prevailing Specifications for Public Works. d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver of Lien. XIV. WARRANTY A. Prevailing Specifications: None B. Additions 1. All Parts shall include the following: a. Performance specifications b. Bill of Materials Version 10118/2016 Page - 4 Public Works Quote 1031-2017 — Furniture - Morris Performing Arts Center c. Warranties on all parts d. Installation and safety requirements XV. DESCRIPTION OF WORK A. Prevailing Specifications: None B. Additions 1. The project includes the furnishing of al labor, services, materials, insurance required to deliver and install Furniture and Accessories to the Morris Performing Arts Center, South Bend, IN. 2. The Contractor shall preserve and protect all surrounding property, structures, tenants, visitors and their property from damage caused by the Contractor's operations. XVI. PLANS A. Prevailing Specifications: City of South Bend Design and Construction Standards B. Additions: 1. The Furniture Images consist of Six (6) Sheets attached herein. 2. The work shall conform to the furniture listed on the Quote/Proposal Form. 3. The Contractor is responsible for estimating dimensions and quantities of materials. 4. In the event that the Special Provisions and the Plans conflict, the Special Provisions shall govern. 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Q� � C E a .� _ M C7 te > 0 L N Q ,� v1 A m LL Q +r m M Business,�FuRlish101,10S votion 60 work Throughout the 20 years Business Furnishings has been in business, we have successfully partnered with our clients to create spaces that are not only aesthetically pleasing, but also functional, efficient, and conducive to their business pllan, Our experience has helped us to understand and appreciate how important it is, for clients to attract, retairi, and engage not only patrons, but partners and staff as well, Business Furnishings was established in June of 1996 and continues to Ibe a thriving business today. In 1997, we moved into our current building from our original office and warehouse, That move took us from 2,500 square feet of total space (including office and warehouise) to 10,0100 square feet, of which 2,500 square feet was office space. Since then, we have doubled the size of' our facility to 20,000 square feet during an office and warehouse expansion in 2007, The newly renovated office space today operates as our state of the art showroom and staff work area, We currently serve Northern Indiana from Merrillville to IFt. Wayne and South Western Michigan. In 2007, we also launched our Audio Visual Division, which has expanded our reach to provide service to clients as far away as C61orado. In 2015 we expanded again and added Infinium Floors to our business family. Busm'ess shillus innovation (0 work MINIM Prroject Schedule Business Furnishings wHI utilize the project team to meet all expectations for the project schedule specified in the bid package provided', Job Site Preratioln Our project team will perform site visits prior to the installation taking piace and wiil evaluate the site for possible concerns, Proper protection will be applied where necessary to try to prevent any unfortunate accidents. If there are any damages to the building by Business Furnishings and/or Advantage InstaHation, we will take responsibility. We will require a pre -wank thru of the building with a representative of the Morris Performing Arts Center, Assist Our team will assist you in managing the arrival schedule for multiple deliveries. Order Coordination We guarantee quality product, on -time peiformance cynd exceptional communiciation to help you meet your project cloals, The Business Furnishings team will assist, guide, and lead you through the order preparation, order management, and delivery and installation phases of your project. Please see below for an overview of our phasing schedule. - Verify all quantities, products and finishes match specification. - Conducting field verification walk through to, ensure all product will work in specifled areas., - Processing clean orders, - Providing furniture lead time. - Tracking manufactuirer acknowledgement dates to ensure they meet your project timeline. - Managing dock schedules for multiple deliveries. - Evaluating site conditions as it relates to furniture size and install. - Phasing the furniture installation, Post -installation walk-through,, Freight claiims, Quality Assurance. manufacturer LEATHERCRAFT Item description • OUTSIDE DIMENSIONS: 32"H X 30"W X 29"D X 20" SEAT HEIGHT - STD FINISH: # 3 STD LEG& TAPERED LEG EXPOSED WOOD: MAPLE STD TRIM: #9 NATURAL NAILS • STD SEAT CUSHION: POLY FIBER • STD BACK CUSHION: POLY FIBER STD BASE: "0" CASTERS LEATHER GRADE 1: TBD Item number # 239 price per unit $868.60 EMENEEME 122 M-; III II, I 4l manufacturer LEATHERCRAFT Item description - OUTS0E DIMENSIONS: 45"H X 34.5"W X 37r5"D X 20" SEAT HEIGHT • STD FINISH: #3 • EXPOSED WOOD: MAPLE • STD TRIM: WELT • STD SEAT CUSHION: SPRING POLY DACRON • STD BACK CUSH11ION: POLY FIBER • LEATHER GRADE 1: TBD em number # 4392 price per -unit $1775.58 innovation manufacturer RESTORATION HARDWARE Fuff ul"Shings Q work item description * DIMENSIONS: 18" DIAMETER, 24"H • WEIGHTY CIRCULAR BASE IS CAST IRON WITH A RUSTIC, ANTIQUED FINISH • BRASS -PLATED TABLETOP CRATED OF STAINLESS STEEL • WIPE WITH A SOFT, DRY CLOTH; AVOID THE USE POLISHES AND CHEMICAL CLEANING MATERIALS Item number price per unit $550.00 u manufacturer RESTORATION HARDWARE Item description • DIMENSIONS: 40"° DIAMETER, Sfl"H • WEIGHTY CIRCULAR BASE IS CAST IRON WITH A RUSTIC, ANTIQUEID FINISH' • BRASS -PLATED TABLETOP CRATED OF STAINLESS STEEL • WIPE WITH A SOFT, DRY CLOTH; AVOIID THE USE POLISHES AND CHEMICAL CLEANING MATERIALS item number 61100092 BRSS price per unit $14 0.00 goo manufacturer CHICAGO BOOTH item description • Finished sides: 2 • Inside back style; (Biscuit -tufted hang -on back over veneer surface - one row buttons) • Outside back: Finished • Seat style. Titan w/topseam • Inside back material: Grade 4 vinyl TBD • Outside back material: Maple • Seat material: Grade 4 vinyl TBD • Upper base material: Maple • Top and side trim: Maple • Lower base: Heavy-duty black vinyl • Cantilever foot rail: Brushed stainless • Stain; C13 Standard TBD • Heavy-duty castors secured Inside base • BANQUETTE MUST BE SECURED TO FLOOR OR WALL BEFORE USE Item number Custom 60H PUB HEIGHT banquette - 96L price per unit $3329.07 Business Furnishings 4102 Moghan Beeler Court * South Bend, IN 46628 Rjisiness,,5', Fumishings 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 1 14 Quote Quote Date Custorner.;Order : Cusfomer Account Representative: Project 109703 12/20/17 CITYOF KYLIE LEYBA Quote To CITY OF SOUTH BEND 227 W. JEFFERSON BLVD. South Bend, IN 46601 Phone 1.574.235.9742 Fax 1.574.235.9171 Terms NET 30 DAYS Ship To MORRIS PERFORMANCE ART CENTER 211 NORTH MICHIGAN ST. South Bend, IN46601 Sales Location SOUTH BEND MUKKI5IYALAR WOO Y Line Quantity . Catalog Number / Description Un "*LEAD TIMES LEATHERCRAFT: APPROXIMATELY 10-12 WEEKS STANDARD LEAD TIME IF ORDERED PRIOR TO 12122 RESTORATION HARDWARE: 3-4 WEEKS STANDARD LEAD TIME CHICAGO BOOTH: 7-8 WEEKS STANDARD LEAD TIME "SUBJECT TO CHANGE -MUST BE VERIFIED PRIOR TO ORDERING; CHANGES IN FABRICS OR FINISHES CAN AFFECT LEAD TIME 'PRICING SUBJECT TO CHANGE; QUOTE GOOD FOR 30 DAYS, AFTER 30 DAYS ITEMS MUST BE REQUOTED PRIOR TO ORDERING amount BEG Subsection BID SPECIFICATIONS 1 16 1239 LEATHERC 868.60 13,897.60 LEATHERCRAFT 239 ANSON GAME CHAIR DIMENSIONS: OUTSIDE-32"H X 30"W X 29"D INSIDE-16"H X 19"W X 20"D ARM HEIGHT-26" ACCEPTED 6Y TITLE CATS Business 5',_ Furnishings Business Furnishings 4102 Meghan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Paget/4 (cont'd) Quote Account Quote Date Customer Order Customer Representative Proiect ' 109703 12/20/17 CITYOF KYLIE LEYBA Extended Line Quantity Catalog Number 1 Description Unit Price Amount SEAT HEIGHT-20" STD FINISH-#3 STD LEGS -TAPERED LEG EXPOSED WOOD -MAPLE STD TRIM49 NATURUAL NAILS STD SEAT CUSHION -POLY FIBER STD BACK CUSHION -POLY FIBER STD BASE-'O' CASTERS LEATHER GRADE 1-COLOR TBD 2 4 4392 LEATHERC 1,775.58 7,102.32 LEATHERCRAFT 4392 WYATT CHAIR DIMENSIONS: OUTSIDE-45"H X 34.5"W X 37.5"D INSIDE-25"H X 30.5"W X 22"D ARM HEIGHT-20" SEAT HEIGHT-20" STD FINISH43 EXPOSED WOOD -MAPLE STD TRIM -WELT STD SEAT CUSHION -SPRING POLY DACRON STD BACK CUSHION -POLY FIBER LEATHER GRADE 1-COLOR TBD 3 2 CHRYSANTHEMUM TABLI RESTORATIO 550.00 1,100.00 RESTORATION HARDWARE 20TH CENTURY CHRYSANTHEMUM BRASSERIE TABLE WITH BRASS TOP DIMENSIONS: DIAMETER-18" HEIGHT-24" WEIGHT-44LBS. *WEIGHTY CIRCULAR BASE -CAST IRON WITH RUSTIC, ANTIQUED FINISH *BRASS -PLATED TABLETOP CRAFTED OF STAINLESS STEEL *WIPE WITH SOFT, DRY CLOTH; AVOID USE OF POLISHES AND CHEMICAL CLEANING AGENTS ACCEPTED BY T[TLE DATE RjJS"njCkHILOSS Furnishings l Business Furnishings 4102 Meghan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 314 (cont'd) Extended. . Line Quanii#y Catalog Number / Description Unit Price Amount . 4 4 CHRYSANTHEMUM TABLI RESTORATIO 1,450.00 5,800.00 RESTORATION HARDWARE 20TH CENTURY CHRYSANTHEMUM BRASSERIE TABLE WITH BRASS TOP DIMENSIONS: DIAMETER-40" HEIGHT-30" WEIGHT-104LBS. *WEIGHTY CIRCULAR BASE -CAST IRON WITH RUSTIC, ANTIQUED FINISH *BRASS -PLATED TABLETOP CRAFTED OF STAINLESS STEEL *WIPE WITH SOFT, DRY CLOTH; AVOID USE OF POLISHES AND CHEMICAL CLEANING AGENTS 5 4 CUSTOM 60H PUB HEIGH MISCELLA 3,329.07 13,316.28 CHICAGO BOOTH CUSTOM SPECIFICATION: Finished sides: 2 Inside back style: (Biscuit -tufted hang -on back over veneer surface - one row buttons) Outside back: Finished Seat style: Titan w/topseam Inside back material: Grade 4 vinyl TBD Outside back material: Maple Seat material: Grade 4 vinyl TBD Upper base material: Maple Top and side trim: Maple Lower base: Heavy -duly black vinyl Cantilever foot rail: Brushed stainless Stain: CB Standard TBD Heavy-duty castors secured inside base BANQUETTE MUST BE SECURED TO FLOOR OR WALL BEFORE USE bsection Sub Total 41,216.20 TAX EXEMPT 0.00. Subsection Total 41,216.20 E'Nb 'Subsection ACCEPTED BY TITLE DATE Business' Furnishings Business Furnishings 4102 Meghan Beeler Court South Bead, IN 46628 574-243-3255 888-283-0393 FAX 574--243-3266 Quotation Page 414 (cont'd) Quote Account Quote Date Customer Order Customer Representative Proiect 109703 12/20/17 CITYOF KYLIE LEYBA ACCEPTED BY TITLE DATE BusifleSS "It" FnIsh'ings CI'S innovation (0 work manufacturer CAROLING BUS]NSS FURNITURE item description EXPOSED WOOD DETAILS • EUROPEAN BEECH TRIMMED UPHOLSTERED ARMS UPHOLSTERED SEAT AND BACK WITH CROSS SEA DETAIL ON BACK * TIGHT CUSHION EUROPEAN BEECH EXPOSED WOOD SKIRT WITH TAPERED LEGS * TACK -IN NON -MARRING GLIDE EUROLUXE WITH SILVERBAN ON ALL EXPOSED WOOD SURFACES WOOD FINISH, MAPLE-TBD o FABRIC; LEATHER GRADE 1 JBD item number EFC1010-1 price per unit $1365.58 business Furnishings Business Furnishings 4102 Meghan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 1 14 Quote : Quote`: Date ' Customer Order Customer Account Representative: Project ..: 109810 12/20/17 CITYOF KYLIE LEYBA Quote To CITY OF SOUTH BEND 227 W. JEFFERSON BLVD. South Bend, IN46601 Phone 1.574.235.9742 Fax 1.574.235.9171 Terms NET 30 DAYS Ship To MORRIS PERFORMANCE ART CENTER 211 NORTH MICHIGAN ST. South Bend, IN 46601 Sales Location SOUTH BEND IVIUKKISR'ALAR) LUtit5 Y-AL I LKIVA I t UUU I r- rExtended I .Line . Quantity Cataloa Number 1 Description Unit Price Amount "LEAD TIMES ST. TIMOTHY CHAIR CO.: APPROXIMATELY 7-8 WEEKS STANDARD LEAD TIME CAROLINA FURNITURE: APPROXIMATELY 7-8 WEEKS STANDARD LEAD TIME RESTORATION HARDWARE: 3-4 WEEKS STANDARD LEAD TIME CHICAGO BOOTH: 7-8 WEEKS STANDARD LEAD TIME "SUBJECT TO CHANGE -MUST BE VERIFIED PRIOR TO ORDERING; CHANGES IN FABRICS OR FINISHES CAN AFFECT LEAD TIME `**PRICING SUBJECT TO CHANGE; QUOTE GOOD FOR 30 DAYS, AFTER 30 DAYS ITEMS MUST BE REQUOTED PRIOR TO ORDERING BEG Subsection 113ID SPECIFICATIONS 1 16 1 S-611-4C STTIMOTH 841.86 13,469.76 ST. TIMOTHY CHAIR COMPANY:S-611.4C DIMENSIONS: OVERALL-33"H X 30"W X 30"D ACCEPTED BY TITLE DATE Business 55, Furnishings Business Furnishings 4102 Meghan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 2 / 4 (cont'd) Quote Account Quote Date Customer Order Customer Representative Proiect 109810 12/20/17 CITYOF KYLIE LEYBA Extended Line Quantity Catalog Number / Description Unit Price Amount INSIDE-17 'V2"W X 20"D SEAT HEIGHT-19" ARM HEIGHT-25" LEATHER GRADE 1: TBD WOOD FINISH: TBD BRASS NAIL TRIM: STANDARD 2 4 EFC1010-1 CAROLINA 1,365.58 5,462.32 Embrace 30x3lx42 Chair, Exposed Wood Trim Arms CAL TB 133 Certification X9 No Selection of Option Moisture Barrier Application X9 No Selection of Option Bumper Rail X9 No Selection of Option Finish, Veneer/Wood MHM Honey Maple Fabric Grade Selection (GRL1) Select Grade L1 Leather ETCL1 Other Grade L1 Leather ==7TBD 3 2 CHRYSANTHEMUM TABLI RESTORATIO 550.00 1,100.00 RESTORATION HARDWARE 20TH CENTURY CHRYSANTHEMUM BRASSERIE TABLE WITH BRASS TOP DIMENSIONS: DIAMETER-18" HEIGHT-24" WEIGHT-44LBS. *WEIGHTY CIRCULAR BASE -CAST IRON WITH RUSTIC, ANTIQUED FINISH *BRASS -PLATED TABLETOP CRAFTED OF STAINLESS STEEL -WIPE WITH SOFT, DRY CLOTH; AVOID USE OF POLISHES AND CHEMICAL CLEANING AGENTS 4 4 CHRYSANTHEMUM TABLI RESTORATIO 1,450.00 5,800.00 RESTORATION HARDWARE 20TH CENTURY ACCEPTED BY TITLE DATE RosinessFumishings Business Furnishings 4102 Meghan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 314 (cont'd) Extended..:` Line Quantity. Cataiog:Number 1 Descripfion Unit Price Amount CHRYSANTHEMUM BRASSERIE TABLE WITH BRASS TOP DIMENSIONS: DIAMETER-49' HEIGHT-30" WEIGHT-104LBS. "WEIGHTY CIRCULAR BASE -CAST IRON WITH RUSTIC, ANTIQUED FINISH "BRASS -PLATED TABLETOP CRAFTED OF STAINLESS STEEL WIPE WITH SOFT, DRY CLOTH; AVOID USE OF POLISHES AND CHEMICAL CLEANING AGENTS 5 4 CUSTOM 60H PUB HEIGH MISCELLA 3,329.07 13,316.28 CHICAGO BOOTH CUSTOM SPECIFICATION: Finished sides: 2 Inside back style: (Biscuit -tufted hang -on back over veneer surface - one row buttons) Outside back: Finished Seat style: Titan wltopseam Inside back material: Grade 4 vinyl TBD Outside back material: Maple Seat material: Grade 4 vinyl TBD Upper base material: Maple Top and side trim: Maple Lower base: Heavy-duty black vinyl Cantilever foot rail: Brushed stainless Stain: CB Standard TBD Heavy-duty castors secured inside base BANQUETTE MUST BE SECURED TO FLOOR OR WALL BEFORE USE S bsection Sub Total 39,148.36 TAX EXEMPT O,00 Subsection Total 39,148.36 END Subsection 6 1 LABOR ADVANTAGEI 950.00 950.00 LABOR TO INSTALL SPECIFIED FURNITURE ACCEPTED BY TITLE DATE �. J Business, ��� Furnishings Business Furnishings 4102 Meghcan Beeler Court South Bend, IN 46628 574-243-3255 888-283-0393 FAX 574-243-3266 Quotation Page 4 / 4 (cont'd) Quote' Account Quote Date Customer Order Customer.:': Representative Project 109810 12/20/17 CITYOF KYLIE LEYBA ACCEPTED BY TITLE PATE 12/20/2017 Warranty I St. Timothy Chair Our Warranty St, Timothy warrants to the original purchaserthat our seating products will be free from defects in workmanship given normal conditions for a period of ten years of single shift service,. Exceptions to the warranty include: - Abuse in any form - Carrier damage - Swivel bases or mechanism (5 years), Gas lifts (2 years) - Recliner mechanisms and casters (2 years) Our factory office must be notified in the event that our seating does not conform to the, above warranty. St. Timothy reserves the right to repair or replace any part that is determined to be defective within the terms of this warranty. hftp://www.sftimothychair.com/Warranty/ ill Carolina Warranty LIMITED LIFETIME WARRANTY Carolina warrants products it manufactures against defects of material and workmanship under normal use and service for the life of the product to the original purchaser. This warranty shall not apply to any products which have been subjected to misuse, accidents, abuse, abnormal usage, negligence, improper maintenance, damaged in transportation or whose original construction has been altered by someone other than Carolina or its authorized agents. No unauthorized person, agent or dealer may give further warranties on behalf of Carolina. (Please note: Because of natural variations on materials over which Carolina has no control, this warranty does not extend to color, grain or texture of wood, leather or upholstery cover.) Normal aging and wear of fabrics, filling materials and finishes are exempted from this warranty. Carolina shall not be responsible for any expenses incurred by purchaser to repair or replace any product unless Carolina gave prior express written consent agreeing to reimburse purchaser. In the event any product has to be returned to the factory for verification of a complaint, it must be pre -authorized by the factory and shipped prepaid along with written information containing the name of the original purchaser, original invoice number, and a copy of the original purchase order. As purchaser's sole and exclusive remedy under this warranty, Carolina, at its option, will repair or replace the damaged product or parts that meet the terms and conditions of this warranty at no charge to the original owner of record, and will pay the freight charges provided Carolina has previously authorized the replacement or return. Except as stated above, Carolina makes no other expressed warranties and disclaims all implied warranties as to any product, including warranty of merchantability and fitness for any particular purpose. Carolina shall not be liable for any consequential or incidental damages. This warranty is applicable only to those parts actually manufactured by Carolina. Exceptions to lifetime warranty: • Recliner mechanisms (Modern Amenity, Orchestra, and Voyage) — 10 Years • Three position recliner & wall saver mechanisms (Amenity, Coronado, Modern Amenity, Orchestra Mini, and Voyage) — 5 Years • Recliner components, sleeper chair mechanisms and accessories — 5 Years • All drawer glide suspensions — lifetime • All locking mechanisms — Lifetime • All door hinges — 12 Years • Door latches — 12 Years • Drawer pulls —12 Years • Task Lights W- 3 Years • Power supplies --- 1 Year On product furnished by Carolina, but with components or equipment manufactured by others, including, but not limited to, foam, mechanisms, casters and textiles, the written warranty, if any, of the manufacturer is assigned to the purchaser. OFS BRANDS I OFS FirstOffice Carolina Loewenstein Highmark Bt1SIN-2 OP ID: MM DATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 12107/2017 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(les) must he 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 endorsements . PRODUCER CONTACT NAME: Lynn Chlu TCU Agency, LLC PHONE FAx --- 426 Lincoinway East Arc, Np,xx):.574-258-6ii70 _ Arc Ho : 574-252-2109 Mishawaka, IN 46544 Mark A. Mondientz, GIG -AD DRREESS: _ INSURER A: continental Western 10804 INSURED Business Furnishing LCGI_l OCUS INSURERS: �... Audio VisuaUlnfinium Floors 4102 Meghan Beeler Ct INSDRERC: - _ South Bend, IN 46628 MAURERD: INSURER E : INSURER F : r_nvFRArZFS nonTir-inikTF ut iMFZFR• RFMAICIN NIIMAF:R, 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 -- -- TYPE OF INSURANCE POLICY EFP POLICY F_XP LIMITS LTR POLICY NUMBER MM1DDiYYYY MMIDDNYYY A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 111000,000 CLAIMS -MADE Fx] OCCUR X ADV 3157686-10 12/31/2016 12/3112017 pREIAISE aocaEOnaa S 600,000 MED EXP (Any one person) S _ 15,0()0 $ 1,000,000 PERSONAL & AGV INJURY OEN't AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOG $ 2Aoo,00 PRODUCTS COMPlOPAGG — $ OTHER; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT eeident $ 1,000,000 X BODILY INJURY (Per person) A ANY AUTO CPA 3167735-11 12131 /2016 12/31/2017 $ ALLOWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDADTOfi Lk AUTOS BODILY INJURY {Per accident) $ $ _-- X PROPERTYiIAMAGE Per aCc4dertl $ X UMBRELLA LIAR: X OCCUR EACH OCCURRENCE $ S,t}DO,OOO _.. AGGREGATE - A EXCESS LIAB CLAIMS -MADE CAA 3157736-11 1213112016 1213112017 $ 5,000,000 DED 1 X RETENTIONS 0 FOLLOW $ FORM A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE YIN OFFICERIMEMSER EXCLUDED? (Mandatory In NH) N f A CA3157688-10 12131/2016112/3112017 I PFATUTE X ER - _ $ 600,000 E.L. EACH ACCIDENT E.I I. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 0 es describe under SGtRIPPON OF OPERATIONS below I ? $ 500,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD zap, Addlllonal Remarks Schedule, may be attached if more apace Is required) RZ; Morris Bistro/Palais Lobby Improvements, 211 N Michigan St, South Band, IN The City of South Bend is additional insured per the attached form. !_Fl?TIPICIATR uAI nr-0 r AAIf`_1Kl I ATIANI CITY002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Band THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of Public Works County City Building South Bend, IN 46601 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reservea- ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided tinder the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional insureds Included B. Expected Or Intended Injury Or Damage. Included C. Knowledge Of Occurrence Included D. Legal Liability - Damage To Premises Rented To You (Fire, Lightning, -Explosion, Smoke, Or Leakage From Automatic Fire Protective S stems $300,000 E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Comoanv And Extended Period Of Coverage Included H. Who Is An Insured -Amendment Included I. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. Supplementary Payments - Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included t no above is a summary only. Nlease consult the specitic provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability additional insured on your policy, provided Coverage Part apply except as otherwise provided in that: this endorsement, This endorsement applies only if a. The written contract or written agreement such Coverage Part is included in this policy. is: A, MISCELLANEOUS ADDITIONAL INSUREDS 1. Section II - Who Is An Insured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1.c.(1) through A.1.c.(8) below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an (1) Currently in effect or becoming effective during the term of this policy; and (2) Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "per- sonal and advertising injury". CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 7 with its permission b. The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi- zations are additional insureds under this provision, with coverage for such additional insureds limited as provided herein: (1) Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (2) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (3) Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, mainte- nance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (4) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury', "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (a) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits Or Authorizations Relating To Premises Any state, municipality, govern- mental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; of (I) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization. agreement; (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury" "property dam- thorized by you; age" or "personal and advertising (Ili) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political subdivision. (iv) Repackaging, except when unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of: facturer, and then repackaged in the original (a) Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the This insurance does not apply to vendor has agreed to make or normally undertakes to structural alterations, new con- make in the usual course of struction or demolition operations business, in connection with performed by or for such person(s) the distribution or sale of the or organization(s). products; (7) Co -Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co -owned servicing or repair opera - by you and covered under this tions, except such operations insurance but only with respect to the performed at the vendor's co -owner's liability as co-owner of premises in connection with such premises, the sale of the product; (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization(s) bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury" or used as a container, part or "property damage" arising out of ingredient of any other thing "your products" which are or substance by or for the distributed or sold in the regular vendor; or course of the vendor's business. CI.. CG 04 92 09 16 includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission (viii) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: (1.1) The exceptions contained in Sub- paragraphs (iv) or (vi); or (1.2) Such inspections, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. (b) This Insurance does not apply to any insured person or organi- zation, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury', "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: (1) You, if you are an individual,- (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. c. The insurance afforded to such additional To the extent possible, notice should include: insured will not be broader than that which you are required to provide by the (i) How, when and where the "occurrence" written contract or written agreement. or offense took place; CL CG 04 92 0916 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured persons and witnesses; and Oil) The nature and location of any injury or damage arising out of the 'occurrence" or offense. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 11. Under Section I — Coverage A — Bodily Injury And Property Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: >=xclusions c. through n. do not apply to dam- age by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance, 2. The . paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section I — Coverage A -- Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 3. Paragraph 6. of Section III -Y Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b, The Damage To Premises Rented To You Limit shown in the Declarations, you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (11) That is fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "Insured contract" of Section V — Definitlons is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability — Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS If Coverage C — Medical Payments is not otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section III — Limits Of Insurance, to the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph C(1) of Definition 12. "Mobile A for damages because of "property equipment" of Section V -- Definitions is deleted damage" to premises while rented to and replaced by the following: CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA- TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II — Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation; b. Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organiza- tions: (1) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; Pi) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (III) Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those part- nerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section 11 — Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section 11 — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section I -- Supplementary Payments — Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. CL CG 04 92 09 16 includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV - Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. L. WAIVER OF TRANSFER OF RIGHTS Of RECOVERY AGAINST OTHERS The following is added to Paragraph &. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M, LIBERALIZATION CLAUSE The following is added to Section IV - Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability C00001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form C130001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section II - Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV - Commercial General Liability Conditions. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission