Preview
FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020
STANDARD FORM OF AGREEMENT
BETWEEN
OWNER AND CONTRACTOR
AGREEMENT
dated 10-26-16
BETWEEN the Owner(s) (insert
name and address):
Village FH LLC
27 Christopher Street
New York, NY 10014
and the Contractor:
SMI Construction Managernent, Inc., 264 East 78th Street, New York, New
York 10075,
The Owner and the Contractor agree as set forth below:
ARTICLE 1.0
INDEMNIFICATION
1.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the Owner and employee of either of them from and against claims,
damages, losses and expenses, including but not limited to attorney's fees, arising
out of or resulting from perfonnance of the Contractor's Work, provided that such
claim, damage, loss or expense is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other than the Work
itself), including loss of use resulting therefrom and is caused in whole or in part
the negligent acts or omissions of the the Contractor's Sub-
by Contractor,
contractors, anyone directly or indirectly employed by them or anyone for whose
acts they may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder. Such obligation shall
not be construed to negate, abridge, or otherwise reduce other rights or obligations
of indemnity which would otherwise exist as to a party or person described in the
Paragraph 1.0.
1.2 In claims against any person or entity indemnified under this Paragraph 1.0 by an
employee of the Contractor, the Contractor's Sub-contractors, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable, the
indemnification obligation under this Paragraph 1.0 shall not be limited by a
limitation on amount or type of damages, compensation, or benefits payable by or
Page 1 of3
FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020
Workers'
for the Contractor or the Contractor's Sub-contractors under or
Workmen's Co.mpensation Acts or other employee benefit acts.
Page2 of3
FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018
NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020
1.3 The obligations of the Contractor under this Paragraph LO shall not extend to the
liabilityof the Architect, the Architect's consultants, and agents and employees of
any of them arising out of (1) the preparation or approval of maps, drawing,
opinions, reports, surveys, Change Orders, designs, or specifications, or (2) the
giving of or the failure to give directions or instruction by the Architect, the
Architect's consultants, and agents and employees of any of them provided such
giving or failure to give is the primary cause of the injury or damage.
Notwithstanding any other provision, language or paragraph contained in this
documents, Contractor's liability to Owner shall not exceed and shall be limited
to the amowat of the Contractor's insurance coverage(s).
ARTICLE 2.0
INSURANCE REQUIREMENTS
2.1 The Contractor shall purchase and maintain insurance of not less than the
following types of coverage and limits of liability:
(a) Commercial General Liability $1,000,000 Each Occurrence
(b) CGL with Contractual Liability $2,000,000 Aggregate PER PROJECT
Workers'
(c) Compensation and Ernployers Liability $1,000,000 Each Employee
(d) Business Automobile, including HNOA $1,000,000 CSL per Accident
(e) Umbrella Liability $1,000,000
2.2 The Owner(s), and if applicable, any cooperative corporation or condominium
and their management agents, shall be named as additional insured(s) on a
primary basis to the Contractor's Comprehensive General Liability that include
Premises Operations Liability, Contractual Liability, Advertising and Personal
Injury Liability Products/Completed Operations Liability and Extended
Products/Completed Operations Liability, or by using a company specific
endorsement(s) that provide(s) equivalent protection.
ARTICLE 3.0
MISCELLANEOUS
3.1 A copy of this agreement, including the signatures below, shall be deemed and
may be utilized as an original for allpurposes, including in any court of law or
arbitration proceeding.
SMI CONSTRUCTION MANAGEMENT, INC.
Steve Mark, President Contractor
X
beh'
Henr 3. Jessup on 'of Òwner
Page 3 of3
Preview
FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT dated 10-26-16 BETWEEN the Owner(s) (insert name and address): Village FH LLC 27 Christopher Street New York, NY 10014 and the Contractor: SMI Construction Managernent, Inc., 264 East 78th Street, New York, New York 10075, The Owner and the Contractor agree as set forth below: ARTICLE 1.0 INDEMNIFICATION 1.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and employee of either of them from and against claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from perfonnance of the Contractor's Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including loss of use resulting therefrom and is caused in whole or in part the negligent acts or omissions of the the Contractor's Sub- by Contractor, contractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in the Paragraph 1.0. 1.2 In claims against any person or entity indemnified under this Paragraph 1.0 by an employee of the Contractor, the Contractor's Sub-contractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 1.0 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or Page 1 of3 FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020 Workers' for the Contractor or the Contractor's Sub-contractors under or Workmen's Co.mpensation Acts or other employee benefit acts. Page2 of3 FILED: NEW YORK COUNTY CLERK 06/23/2020 08:12 AM INDEX NO. 154863/2018 NYSCEF DOC. NO. 52 RECEIVED NYSCEF: 06/23/2020 1.3 The obligations of the Contractor under this Paragraph LO shall not extend to the liabilityof the Architect, the Architect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawing, opinions, reports, surveys, Change Orders, designs, or specifications, or (2) the giving of or the failure to give directions or instruction by the Architect, the Architect's consultants, and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. Notwithstanding any other provision, language or paragraph contained in this documents, Contractor's liability to Owner shall not exceed and shall be limited to the amowat of the Contractor's insurance coverage(s). ARTICLE 2.0 INSURANCE REQUIREMENTS 2.1 The Contractor shall purchase and maintain insurance of not less than the following types of coverage and limits of liability: (a) Commercial General Liability $1,000,000 Each Occurrence (b) CGL with Contractual Liability $2,000,000 Aggregate PER PROJECT Workers' (c) Compensation and Ernployers Liability $1,000,000 Each Employee (d) Business Automobile, including HNOA $1,000,000 CSL per Accident (e) Umbrella Liability $1,000,000 2.2 The Owner(s), and if applicable, any cooperative corporation or condominium and their management agents, shall be named as additional insured(s) on a primary basis to the Contractor's Comprehensive General Liability that include Premises Operations Liability, Contractual Liability, Advertising and Personal Injury Liability Products/Completed Operations Liability and Extended Products/Completed Operations Liability, or by using a company specific endorsement(s) that provide(s) equivalent protection. ARTICLE 3.0 MISCELLANEOUS 3.1 A copy of this agreement, including the signatures below, shall be deemed and may be utilized as an original for allpurposes, including in any court of law or arbitration proceeding. SMI CONSTRUCTION MANAGEMENT, INC. Steve Mark, President Contractor X beh' Henr 3. Jessup on 'of Òwner Page 3 of3