Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 51199-R1
i CSC No, r �E 2p�9 ppR 6 G\��SpCRwpPSN CITY OF FORT WORTH C� CONTRACT RENEWAL NOTICE i Westech Engineering Inc. 3625 S W Temple Sault Lake City,UT 84165-0068 1 Re. NOTICE OF CONTRACT RENEWAL OEM Westech Clarifier Services Contract No.CSC No.51199 Renewal Term No. 1:February 20,2019 to February 19,2020 The above referenced Contract will expire on February 19, 2019. Pursuant to the Contract, contract renewals are atthe sole option ofthe City.This letter is to inform you that the City is exercising its right to renew CSCNo51199 for an additional one-yearperiod,which will begin immediately upon the expiration ofthe current term and will end on February 19,2020 or expenditure of funding,whichever occurs first. All other terms and conditions of CSC No. 51199 remain unchanged. Please return this signed acknowledgement letter, along with a copy of your current insurance certificate, to the address set forth below, acknowledging receipt of the Notice of Contract Renewal. Please log onto PeopleSoft Online at htip://fortworihtexas.eov/purchasing to insure that your company information is correct and up-to-date. If you have any questions concerning this Contract Renewal Notice,please contact me at the telephone number listed below. Sincerely yours, Darla Morales Parts Material Supervisor Village Creek Water Reclamation and Reuse Division 817-392-4932 By: ��� yM� K &'jfA%'W-10&*W. Date: 141 I11/14 Printed Name and Title Signature ` F��T CITY OF FO T WORTH: AT S e` :0 �z Jesus J.Chapa,Assisfint City anager ary J.K ity Secretar Date: ` M&C No. P-1223 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CSCO No. 51199 CITY OF FORT WORTH CONTRACT RENEWAL NOTICE APPROVAL RECOMMENDED BY: Charly Angadicheril Asst.Director APPROVED AS TO FORM AND LEGALITY: Date: ITY AT.TORNE Chris Harder,Water Director Date: 3//G/1G Contract compliance Manager: By signing I acknowledge that I am the person responsible For the monitoring and administration of the contract, including ensuring all performance and reporting requirements. xo� Name of Employee 5vr IV Title A L RECORDCRETARYRTH, TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/7/2018 DATE: Tuesday,August 7,2018 REFERENCE NO.: **P-12231 LOG NAME: 13P418483 OEM WESTECH CLARIFIER MJR WATER S ri s>EC : Authorize Execution of a Sole Source Agreement with WesTech Engineering, Inc.,for WesTech Clarifier Parts and Repair for the Water Department in an Annual Amount Up to$650,000.00 and Authorize Five Annual Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a Sole Source Agreement with WesTech Engineering,Inc.,for WesTech Clarifier Parts and Repair for the Water Department in an annual amount up to $650,000.00 and authorize five annual renewal options. DISCUSSION: The Water Department approached the Purchasing Division to finalize a Sole Source annual Agreement to repair and perform routine maintenance on Original Equipment Manufacturer(OEM)WesTech clarifiers on an as-needed basis. In order to procure these products and services, Staff has documented WesTech Engineering,Inc.,as the Sole Source OEM and distributor for WesTech clarifier repair service and replacement parts in the North Texas Area. No guarantee was made that a specific amount of goods or services would be purchased. The Water Department anticipates spending$650,000.00 annually under this Agreement. The proposed contract would allow the unit price to be increased so long as the City approves the increase. In addition,an administrative change order or increase may be made by the City Manager in the amount up to$50,000.00 and does not require specific City Council approval as long as sufficient finds have been appropriated. The Water Department reviewed prices and found prices to be considered fair and reasonable. M/WBE OFFICE-A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the N WBE or BDE Ordinance,because the M/WBE Waiver is based on the sole source information provided to the M/WBE Office by the Purchasing Division Buyer. This procurement is exempted from competitive bidding requirements because it is a purchase of materials for which WesTech holds exclusive distribution rights in the North Texas area,as authorized by Section 252.022(7)(D)of the Texas Local Government Code. This Agreement shall begin on the date in Purchase Order(Effective Date) and shall expire on upcoming September 30th,(Expiration Date),unless terminated earlier,in accordance with this Agreement(Initial Term). Upon the expiration of the Initial Term,the Agreement shall renew automatically under the same terms and conditions for up to five one year renewal periods (October 1 to September 30)and for a fifth renewal period which shall expire on completion of five year duration,unless City or Vendor provides the other party with notice of non-renewal at least 60 days before the expiration of the Initial Term or renewal period. However, if funds are not appropriated,the City may cancel the Agreement 30 calendar days after providing written notification to the Contractor/Vendor. FISCAL INFORMATION/CERTIFICATION: The approval of this action provides purchasing authority up to$650,000.00 as specified. The Director of Finance certifies that funds are available in the current operating budget,as appropriated and that prior to an expenditure being made, the participating departments has the responsibility to validate the availability of funds. BQN\418483\MJR FUND IDENTIFIERS(FIDs): 10 Department Account Project Program Activity Budget Reference# Amount Fund ID ID Year (Cbartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Cynthia Garcia (8525) Additional Information Contact: Jane Rogers (8385) ATTACHMENTS 1. 418483 M WBE Waiver. do f & w internal) 2. 418483 Westech SS.pdf (CFw Internal) 3. WATER Reauisition.pdf (CFw Internal) 4. WesTech 1295 2018-368015.pdf ftwie) 5. Westech SAMs report 2018.12df (CFw Internal) Co CERTIFICATE OF LIABILITY INSURANCE DA7E(MM70DIYYW) 3/5/2019 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 pollcy(les)must have ADDITIONAL INSURED provisions or 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 I CONTACT i E. The Buckner Company NAM ,PHONE Saundra Daigle FAX 6550 South Millrock Dr.Suite#300 801-937.6767 c Ne:801-385-0808 Salt Lake City UT 84121- E-MAILS saundra@buckner.com j i INSURERS AFFORDING COVERAGE NAICq I INSURER A:Zurich American Insurance Company 16535 i INSURED NIESTENG03 INSURER B:Travelers Property Casualty Company of America 25674 I WesTech Engineering,Inc. 3665 S West Temple INSURERc:Travelers Casualty Insurance Company of America 19046 Salt Lake City UT 84115 INSURERD!Steadfast Insurance Company 26387 INSURER E: i INSURER F: COVERAGES CERTIFICATE NUMBER:1423851239 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR POLICYEFF POLICY EXP i LTR TYPE OF INSURANCE POLICYNUMBER M ID IYYYY MIDD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GLO9809319 3/1/2019 3/1/2020 EACH OCCURRENCE $1.000,000 D E000779152 1/21/2019 3/1/2020REED CLAIMS-MADE �OCCUR PREMIS DA A O a orcurrence $300,000 _ MEDEXP(Any oneperson) $10,000 PERSONAL&ADV INJURY $1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 52,000,000 i POLICY[fl JECT LOG PRODUCTS-COMP/OP AGG $2,000,000 OTHER: ProlessimsVPnIIUL $10,000,000 A AUTOMOBILE LIABILITY Y Y BAP9809320 3/1/2019 3H/2020 COMBINED SINGLE LIMIT $1,000,000 Ea aeddenl 1xx ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED XNONOMED PROPERTYDAMAGE $AUTOS ONLY AUTOS ONLY a .W tCamp$250 X Collis$500 $ B X UMBRELLALIAR X OCCUR Y Y ZUPlOT61883 3/1/2019 3/1/2020 EACH OCCURRENCE $10.000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $10,000.000 DED I X I RETENTIONS $ A WORKERS COMPENSATION Y WC980931804 3/1/2019 3/1/2020 X SER OTTH- 1 AND EMPLOYERS'LIABILITY YIN I OFFICEOWMEMBEREXCLI.ED'lPRIErOR/PARTNEPJEXECUTIVE ❑ NIA E.L.FACHACCIDENT $1,000000 (Mandatory In NH) E.L.DISEASE-FA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Property of others QT6303E973782 3/1/2019 3/1/2020 $1,000,000 $5,000Dad. Leased/Renled Equipment 1650,000 $1,000 Dad. Installation Floater 11000,000 $1,000 Dad. i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) i Re:Village Creek Water Reclamation Facility 4500 Wilma Lane Arlington,TX 76012 i City of Fort Worth Is additional insured per General Liability form UGL1175FCW(04-13)&UGL1345BCW(04-13). l i i CERTIFICATE HOLDER CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD i Additional Insured —Automatic — Owners, Lessees Or ZURICH� Contractors Policy No. EtT.Date of Pol. Exp.Date ofPol. Eft.Date of End. Producer No. Add'i.Prem Return Prcm, GLO980931903 31-2019 3-1-2020 29420000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured:WESTECH ENGINEERING, INC. Address(including ZIP Code): 3665 SOUTH WEST TEMPLE SALT LAKE CITY; UT 84115 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured Is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 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: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as Included in the "products-completed operations hazard",which is the subject of the written contract or written agreement. However,the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law;and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: "Bodily injury","property damage"or"personal and.advertising injury" arising out of the rendering of,or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision,hiring, employment,training or monitoring of others by that insured, if the "occurrence"which caused the "bodily injury" or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services, 1 { U•GL-1175-F CW(04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. i i C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV— Commercial General Liability Conditions: j The additional insured must see to it that: 1. We are notified as soon as practicable of an'occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit"as soon as practicable;and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. i D. For the purposes of the coverage provided by this endorsement: j 1. The following Is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: j Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional Insured Is a Named Insured under such other insurance;and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section IV—Commercial j General Liability Conditions: 1 This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis,available to an additional insured, in which the additional Insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured In a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the Insurance afforded to the additional Insureds under this endorsement, 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: 1. Required by the written contract or written agreement referenced in Paragraph A.of this endorsement;or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. i This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. 1 All other terms and conditions of this policy remain unchanged. i a i I I j I t U-GL-1175-F CW(04113) Page 2 of 2 i Includes copyrighted material of Insurance Services Office,Inc.,with its permission. I I I i General Liability Supplemental Coverage Endorsement ZURICH n Policy No, Eff.Dele of Pol, Exp.Date of Pol. Eft Dale of End, Producer No. MO.Prom Return Prem. GLO9809319 3-1-19 3-1-20 ' THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, i Tills endorsement modifles Insurance provided under the: Commercial General Liability Coverage Part The following changes apply to this Coverage Par(, However, endorsements attached to this Coverage Part will supersede any provisions to the contrary In this General Liability Supplemental Coverage Endorsement. A. Broadened Named insured 1.The following Is added to Section 11—Who Is An Insured: Any organization of yours,other than a partnership or Joint venture,which is not shown in the Declarations,and overwhich you maintain an ownership Interest of more than 50%of such organization as of the effective date of this Coverage Part,will qualify as a Named Insured.However,such organization will not qualify as a Named Insured under this provision if it: a. Is newly acquired or formed during the policy period; b. Is also an Insured under another policy,other than a policy written to apply specifically In excess of tills Coverage Part;or C. Would be an insured under another policy but for its termination or the exhaustion of Its limits of Insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50%In the organization during the policy period, i 2.The last paragraph of Section II--Who is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B.Newly Acquired or Fort-nod Organizations as Named Insureds 1.Paragraph 3.of Section 11—Who is An insured Is replaced by the following: 3. Any organization you newly acquire or form during the policy period,other than a partnership or Joint venture,and over which you maintain an ownership Interest of more than 50%of such organization,will i qualify as a Named Insured If there Is no other slmllar Insurance available to that organization. However: a. Coverage under this provision is afforded only until the 18&day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage A does not apply to"bodily Injury"or"properly damage"that occurred before you acquired or formed the organization;and c.Coverage B does not apply to"personal and advertising In)ury"arising out of an offense committed before you acquired or formed the organization. An additional premium will apply in accordance with our rules and rates in effect on the date you acquired orformed the organization. I I u-GL-134M Cw(041i 3) f Includes copyrighted material of Insurance Services Office,Inc.,with Its pemilsoloriPPIMe111ebR2 i I I ,I 2.The last paragraph of Section If—Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision, C.Insured Status—Employees Paragraph 2.a.(1)of Section If—Who Is An Insured is replaced by the following: 2.Each of the following Is also an insured: a. Your"volunteer workers"only while performing duties related to the conduct of your business,or your j "employees", other than either your"executive officers"(if you are an organization other than a partnership,joint venture or limited liability company)or your managers(if you are a limited liability } company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business,However,none of these"employees"or"volunteer workers"are Insureds for: (1)"Bodily Injury"or"personal and advertising Injury": (a) To you,to your partners or members(If you are a partnership or joint venture),to your members (if you are a limited liability company),to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business,or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child,parent,brother or sister of that co-"employee"or'volunteerworker"as a consequence of Paragraph(1)(a)above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs(1)(a)or(b)above;or (d) Arising out of his or her providing or falling to provide professional health care services. However, Paragraphs(1)(a)and(1)(d)do not apply to your"employees"or"volunteer workers",who are not employed by you or volunteering for you as health care professionals,for"bodily Injury"arising out of "Good Samaritan Acts"while the"employee"or"volunteer worker"Is performing duties related to the i conduct of your business. "Good Samaritan Acts"mean any assistance of a medical nature rendered or provided In an emergency situation for which no remuneration Is demanded or received. Paragraphs (1)(a), (b) and (c) do not apply to any"employee" designated as a supervisor or higher In rank, with respect to"bodily Injury"to co-"employees".As used In this provision, "employees"designated as a supervisor or higher in rank means only"employees"who are authorized by you to exercise direct or Indirect supervision or control over"employees" or"volunteer workers" and the manner in which work Is performed, D.Additional Insureds--Lessees of Premises 1.Section II—Who is An insured is amended to Include as an additional Insured any person(s)or organizatlon(s) i who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement,but only with respect to liability arising out of your ownership,maintenance or repair of that part of the premises which Is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you, j However,the Insurance afforded to such additional Insured: a. Only applies to the extent permitted by law;and b. Will not be broader than that which you are required by the written contractor written agreement to provide for f such additional Insured. I 2.With respect to the Insurance afforded to the additional Insureds under this endorsement,the following Is added to Section IIi—Limits Of Insurance: 1 t Page 2 of 12 U•GL-1345-B CW(04/13) Includes copyrighted material of Insurance Services Office,Inc„wllh its permiselon,Pege 2 of 12 ' j i I i i i The most we will pay on behalf of the additional Insured Is the amount of Insurance: i a. Required by the written contract or written agreement referenced In Subparagraph D.1.above(of this endorsement);or b. Available under the applicable Limits of Insurance shown In the Declarations, i whichever Is less. This Paragraph D.shall not increase the applicable Limits of Insurance shown In the Declarations. E.Additional Insured--Vendors 1.The following change applies If this Coverage Part provides Insurance to you for"bodily Injury"and"property damage"Included In the"products-completed operations hazard": Section II—Who Is An Insured Is amended to include as an additional Insured any person or organization i (referred to throughout this Paragraph E.as vendor)who you have agreed in a written contract or written agreement,prlorto loss,to name as an additional Insured,but only with respect to"bodily Injury"or"property damage"arising out of"your products"which are distributed or sold In the regular course of the vendor's business: However,the Insurance afforded to such vendor: a. Only applies to the extent permitted by law;and b. WIII not be broader than that which you are required by the written contractor written agreement to provide for such vendor. 2.With respect to the Insurance afforded to these vendors,the following additional exclusions apply: a.The Insurance afforded the vendor does not apply to: (1) "Bodily Injury' or"property damage"for which the vendor Is obligated to pay damages by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have In the absence of the contract or agreement; (2) Any express warranty unauthorized by you; j (3) Any physical or chemical change In the product made intentionally by the vendor; (4) Repackaging,except when unpacked solely for the purpose of Inspection,demonstration,testing,or the substitution of parts under Instructions from the manufacturer,and then repackaged in the original container; (6) Any failure to make such Inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business,in connection with the distribution or sale of the products; (6) Demonstration,Installation,servicing or repair operations,except such operations performed at the 1 vendor's premises In connection with the sale of the product; (7) Products which,after distribution or sale by you,have been labeled or relabeled or used as a container, t part or Ingredient of any other thing or substance by or for the vendor;or (8) "Bodily Injury"or"property damage"arising out of the sole negligence of the vendor for Its own acts or I omisslons or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (a) The exceptions contained In Subparagraphs(4)or(6);or (b) Such Inspections,adjustments,tests or servicing as the vendor has agreed to make or normally i undertakes to make in the usual course of business, n connection with the distribution or sale of the products. i b.This insurance does not apply to any Insured person or organization,from whom you have acquired such j products,or any Ingredient,part or contalner,entering into,accompanying or containing such products. ; c.This Insurance does not apply to any of"your products"for which coverage Is excluded under this Coverage 1 Pert. Page 2 of 12 i U-M 134GB CW(04113) Includes copyrighted material of Insurance Services Office,Inc.,whir Its pemdsslon.Page 3 of 12 i I i i i i i 3.With respect to the Insurance afforded to the vendor under this endorsement,the following Is added to Section IiI —Limits Of insurance: The most we will pay on behalf of the vendor Is the amount of insurance: a. Required by the written contract or written agreement referenced in Subparagraph EA.above(of this endorsement);or b. Available under the applicable Limits of Insurance shown In the Declarations, ` whichever is less. { This Paragraph E.shall not Increase the applicable Limits of insurance shown In the Declaratlans. i F.Additional Insured—Managers,Lessors or Governmental Entity 1.Section II—Who Is An Insured is amended to Include as an Insured any person or organization who Is a manager,lessor or governmental entity who you are required to add as an additional Insured on this policy under a written contract,written agreement or permit,but only with respect to[[ability 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 omission of those acting on your behalf;and. resulting directly from: i a. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit; b. Ownership,maintenance,occupancy or use of premises by you;or c.Maintenance,operation or use by you of equipment leased to you by such person or organization. However,the Insurance afforded to such additional Insured: a. Only applies to the extent permitted by law;and b. WIII not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2.This provision does not apply: a. Unless the written contract or written agreement has been executed,or the permit has been issued,prior to I the"bodily Injury","property damage"or offense,that caused"personal and advertising injury"; b. To any person or organization Included as an Insured under Paragraph 3.of Section II—Who Is An Insured; i I I c. To any lessor of equipment If the"occurrence"or offense takes place after the equipment lease expires; d. To any: (1) Owners or other Interests from whom land has been leased by you;or (2) Managers or lessors of premises,if: i (a) The "occurrence"or offense takes place after the expiration of the lease or you cease to be i a tenant In that premises; (b) The "bodily Injury", "property damage"or"personal and advertising Injury"arises out of the structural alterations, new construction or demolition operations performed by or on behalf i Iof the manager or lessor;or(c)The premises are excluded under this Coverage part. 3.With respect to the Insurance afforded to the additional Insureds under this endorsement,the following is added to I i 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 referenced In Subparagraph F.1.above(of this 3 iendorsement);or I Page 2 of 12 1 U•GLA:M&B GW(0411 3) i Includes copyrlghled material of Insurance Services Office,Ino.,Wllh Its parmisslon.Page 4 or 12 i i b.Available under the applicable Limits of Insurance shown In the Declarations, whichever is less. This Paragraph F.shall not Increase the applicable Limits of Insurance shown In the Declarations, G.Damage to Premises Rented or Occupied by You 1. The last paragraph under Paragraph 2,Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability Is replaced by the following; f Exclusions c, through n. do not apply to damage by"specific perils"to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of i Insurance applies to this coverage as described In Section III—Limits Of Insurance. 2, Paragraph 6,of Section iII—Limits Of Insurance Is replaced by the following: 6, Subject to Paragraph 6. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. H.Broadened Contractual Liability The"insured contract"definition under the Definitions Section Is replaced by the following: " "Insured contract"means: i 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"specific perils"to premises while rented to you or temporarily occupied by you with permission of the owner is not an"Insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation,as required by ordinance,to Indemnify a municipality,except In connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or'agreement pertaining to your business (Including an Indemnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for"bodily Injury", "property damage", or"personal and advertising injury"arising out of the offenses of false arrest,detention or Imprisonment,to a third person or organization.Tort Ilablllly means a liability , that would be imposed by law in the absence of any contract or agreement, Paragraph f.does not Include that part of any contract or agreement; (1)That indemniflas an architect,engineer or surveyor for Injury or damage arising out of: i (a) Preparing,approving,or falling to prepare or approve,maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;or i (b) Giving directions or instructions,or falling to give them,if that Is the primary cause of the Injury or i damage;or (2) Under which the Insured, If an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insured's rendering or failure to render professional services, Including those listed In Paragraph(1)above and supervisory,inspection,architectural or engineering activities. I,Definition—Specific Perils The following definition Is added to the Definitions Section: "Specific perils"means: j a. Fire; b, Lightning; ! c. Explosion; I i d. 'Windstorm or hall; ; Page 2 of 12 1 U�GW 346-H CW(0411 3) Includes copyrighted material of Insurance services office,Inc.,YAM Its pennisslon.Page 5 of 12 j i t i i i i i e. Smoke; i f. Aircraft or vehicles; g. Vandalism; h. Weight of snow,ice or sleet; i. Leakage from fire extinguishing equipment, including sprinklers; or J.Accidental discharge or leakage of water or steam from any part of a system or appliance con talning water or steam. J.Limited Contractual Liability Coverage—Personal and Advertising Injury 1.Exclusion e.of Section I—Coverage B—Personal And Advertising Injury Liability Is replaced by the following: 2. Exclusions This insurance does not apply to: e.Contractual Liability "Personal and advertising Injury"for which the Insured has assumed liability In a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have In the absence of the contractor agreement;or (2) Liability for"personal and advertising Injury"if: (a) The"personal and advertising Injury"arises out of the offenses of false arrest,detention or imprisonment; r (b) The liability pertains to your business and is assumed In a written contract or written agreement In which you assume the tort liability of another, Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement;and (c)The"personal and advertising Injury"occurs subsequent to the execution of the written contract or written agreement, Solely for purposes of liability so assumed In such written contract or written agreement, reasonable attorney fees and nscassary litigation expenses Incurred by or for a party other than do Insured are deemed to be damages because of"personal and advertising Injury" described in Paragraph (a) { above,provided: (1) Liability to such party for,or for the cost of,that party's defense has also been assumed in the same written contract or written agreement;and (Ii) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute.resolution proceeding in which damages to which this Insurance applies are alleged, 2.Paragraph 2.d.of Section I—Supplementary Payments--Coverages A and B Is replaced by the following: d.The allegations In the"suit"and the Information we know about the"occurrence"cr offense are such that no conflict appears to exist between the interests of the Insured and the Interests of the Indemnitee; 3.The following Is added to the paragraph directly following Paragraph 2.1'.of Section I--Supplementary Payments—Coverages A and 8: Notwithstanding the provisions of Paragraph 2.e.(2)of Section I—Coverage B—Personal And Advertising Injury I Liability, such payments will not be deemed to be damages for"personal and advertising Injury" and will not 1 reduce the limits of insurance. K.Supplementary Payments ` The following changes apply to Supplementary Payments--Coverages A and B: j Paragraphs 1 .b.and 1 .d,are replaced by the following: I-GL-134E8 C4V(04113) Includes copyrighted rnaleflai of insurance Services Office,Inc.,with Its pemtlsslon,Page 6 or 12 I I i i i b.Up to$2,500 for the cost of hall bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. d.All reasonable expenses Incurred by the Insured at our request to assist us in the investigation or defense of the claim or"suit",Including actual loss of earnings up to$500 a day because of time off from work. L.Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short-Term The paragraph directly following Paragraph (6)In Exclusion J,of Section I—Coverage A—Bodily Injury And Property Damage Liability Is replaced by the following: Paragraphs (1), 3 and 4 of this exclusion do not apply to "property p ( I ( ) ( ) pp y propert damage to remises other than I damage by "specific perils"), Including "properly damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 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, 2. Elevator Property Damage a. The following is added to Exclusion J.of Section I—Coverage A—Bodily Injury And Property Damage Liability: i Paragraphs(3)and(4)of this exclusion do not apply to"property damage"arising out of the use of an elevator at premises you own,rent or occupy. i b. The following is added to Section III—Limits Of Insurance: i Subject to Paragraph 6. above, the most we will pay under Coverage A for damages because of"property damage"to property loaned to you or personal property In the care,custody or control of the Insured arising out of the use of an elevator at premises you own,rent or occupy Is$26,000 per"occurrence". 3.Property Damage to Borrowed Equipment a, The following Is added to Exclusion j,of Section I—Coverage A--Bodily injury And Property Damage Liability: Paragraph(4)of this exclusion does not apply to"property damage"to equipment you borrow from others at a j jobsite. b. The following Is added to Section IIi—Limits Of insurance: i Subject to Paragraph 6.above,the most we will pay under Coverage A for damages because of"property E damage"to equipment you borrow from others Is$26,000 per"occurrence". f M.Expected or Intended injury or Damage Exclusion a.of Section I—Coverage A—Bodily Injury And Property Damage Liability Is 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. N . D e f I n I It I o n s — B o d I I y l n J u r y The "property damage"definition under the Definitions Section Is replaced by the following: "Bodily Injury"means bodily Injury,sickness or disease sustained by a person,Including mental anguish,mental Injury,shock,fright or death sustained by that person which results from that bodily Injury,sickness or disease. 0 Insured Status—Amateur Athletic Participants Section ii--Who Is An Insured Is amended to Include as an Insured any person you sponsor while participating In i amateur athletic activities.However,no such person Is an Insured for: I a."Bodily Injury"to: ' (1)Your"employee","volunteer worker"or any person you sponsor while participating In such amateur athletic activities;or 's F { Page 2 of 12 U-GL-1341543 CW(04113) Includes copyrighted material of Insurance Servlces Me,Inc.,wllh Its permisslon.Page 7 or 12 i i I i (2)You,any partner or member(If you are a partnership or joint venture), or any member(If you are a limited Iiability company)while participating in such amateur athletic activities;or b."Property damage"to property owned by,occupied or used by, rented to, in the care,custody or control of, or over which the physical control Is being exercised for any purpose by: (1) Your"employee","volunteer worker"or any person you sponsor;or (2) You,any partner or member(if you are a partnership or joint venture),or any member(If you are a limited j liability company). j P.Non-Owned Aircraft,Auto and Watercraft Exclusion g.of Section I—Coverage A--Bodily Injury And Property Damage Liability is replaced by the following:g. Aircraft,Auto Or Watercraft "Bodily Injury"or"property damage"arising out of the ownership,maintenance,use or entrustment to others of any aircraft, "auto"or watercraft owned or operated by or rented or loaned to any Insured. Use Includes operation and "loading.or unloading". This exclusion applies even If the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, If the"occurrence"which caused the "bodily Injury" or"property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft,"auto"or watercraft that Is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 61 feet long;and (b) Not being used to carry persons for a charge; (3)Parking an"auto"on,or on the ways next to,premises you own or rent,provided the"auto"Is not owned by or rented or loaned to you or the Insured; (4) Liability assumed under any"Insured contract"for the ownership,maintenance or use of aircraft or watercraft; (6) An aircraft that is hired or chartet'ed by you or loaned to you,with a paid and licensed crew,and-is'not owned in whole or in part by an Insured;or (6)"Bodily Injury"or"property damage"arising out of. (a) The operation of machinery or equipment that Is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment"If It were not subject to a compulsory or financial responsibility law or other motor vehicle Insurance law where It Is licensed or principally garaged;or (b) The operation of any of the machinery or equipment listed In Paragraph f.(2)or f.(3)of the definition of "moblle equipment". Q.Definitions—Leased Worker,Temporary Worker and Labor Leasing Firm 1. The"leased worker"and"temporary worker"definitlons under the Definitions Section are replaced by the following; "Leased worker"means a person leased to you by a"labor leasing firm" under a written agreement between you and the"labor leasing firm", to perform duties related to the conduct of your business, "Leased worker"does not j Include a"temporary worker". "Temporary worker" means a person who is furnished to you to support or supplement your work force during j "employee"absences,temporary skill shortages,upturns or downturns In business or to meet seasonal or short-term workload conditions."Temporary worker"does not Include a"leased worker". , a 2. The following definition Is added to the Definitions Section: "Labor leasing firm"means any person or organization who hires out workers to others,Including any: i e. Employment agency,contractor or services; b. Professional employer organization;or c.Temporary help service. ! j Page 2 of 12 U-GLA 346-B CW(04/13) Includes copyrighted material of insurance Services office,Inc.,wllh Its panmisslon.Page 8 of 12 I i I i 7 R.Definition—Mobile Equipment Paragraph f.of the"mobile equipment"definition under the definitions Section is replaced by the following: f.Vehicles not described In Paragraph a., b.,c.or d, above maintained primarily for purposes other than the transportation of persons or cargo. 1 I However, self-propelled vehicles with the following types of permanently attached equipment,exceeding a combined gross vehicle weight of 1000 pounds,are not"mobile equipment"but will be considered"autos": (1)iquipment designed primarily for., r (a) Snow removal; (b) Road maintenance,but not construction or resurfacing;or (c)Street cleaning; (2)Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers;and (3)Air compressors, pumps and generators,including spraying,welding, building cleaning, geophysical expforation, lighting and well servicing equipment. S.Definitions—Your Product and Your Work The"your product"and"your work"definitions under the Definitions Section are replaced by the following: "Your product": a. Means: (1)Any goods or products,other than real property, manufactured,sold,handled,distributed or disposed of by: (a) You; i (b) Others trading under your name;or (c)A person or organization whose business or assets you have acquired;and (2)Containers(other than vehicles),materials,parts or equipment furnished In connection with such goods or products. b. Includes: - (1) Warranties or representations made at any time with respect to the fitness,quality,durability,performance, use,handling,maintenance,operation or safety of"your product";and (2) The providing of or failure to provide warnings or instructions. c.Does not Include vending machines or other property rented to or lobated for the use of others but not sold. f "Your work": a. Means: l (1) Work,services or operations performed by you or on your behalf;and (2) Materials,parts or equipment furnished in connection with such work,services or operations. b. Includes: j (1) Warranties or representations made at anytime with respect to the fitness,quality,durability,performance, j use,handling,maintenance,operation or safety of"your work';and i (2) The providing of or failure to provide warnings or Instructions. T. Priority Condition ; The following paragraph Is added to Section III—Limits Of Insurance: i t i U-GL-1345-B GW(04/13) Includes copyrighted materlal of Insurance Services Office,Inc.,with Its pemllsslon.Page 9 of 12 f i i E i I i In the event a claim Is made or"suit"is brought against more than one insured seeking damages because of"bodlly injury' or property damage caused by the some occurrence or personal and advertising injury caused by the same offense,we will apply the Limits of Insurance In the following order: (a) You; (b) Your"executive officers",partners,directors,stockholders,members,managers(if you are a limited liability company)or"employees";and I (c)Any other insured In any order that we choose. U. Duties In the Event of Occurrence,Offense,Claim or Suit Condition The following paragraphs are added to Paragraph 2.Duties In The Event Of Occurrence,Offense,Claim Or Suit Of Section IV—Commercial General Liability Conditions; i Notice of an "occurrence"or of an offense which may result in a claim under this Insurance or notice of a claim or "suit"shall be given to us as soon as practicable after knowledge of the"occurrence", offense, clalm or"suit" has been reported to any Insured listed under paragraph 1.of Section II—Who Is An Insured or an"employee"authorized by you to give or receive such notice. Knowledge by other"employees"of an"occurrence",offense, claim or"suit" does not Imply that you also have such knowledge. In the event that an Insured reports an"occurrence"to the workers compensation carrier of the Named Insured and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the Insured's failure to report such"occurrence"to us at the time of the"occurrence"shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. V. Other Insurance Condition Paragraphs 4.a.and 4.b.(1)of the Other Insurance Condition of Section IV—Commercial General Liability Conditions are replaced by the following: 4,Other Insurance If other valid and collectible Insurance Is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part,our obligations are limited as follows: a.Primary Insurance This insurance is primary except when Paragraph b, below applies. If this Insurance Is primary, our l obligations are not affected unless any of the other Insurance is also primary.Then, we will share with all that other Insurance by the method described In Paragraph c. below. However, this Insurance Is primary to and will not seek contribution from any other Insurance available to an additional Insured provided that: (1) The additional Insured is a Named Insured under such other Insurance;and i (2) You are required by written contractor written agreement that this insurance be primary and not seek contribution from any other Insurance available to the additional Insured, Other Insurance Includes any type of self Insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b.Excess Insurance (1)This Insurance Is excess over: i (a)Any of the other Insurance,whether primary,excess,contingent or on any other basis: (1) That Is property Insurance,Bullder's Risk,Installation Risk or similar coverage for"your work"; (II) That Is property Insurance purchased by you (Including any deductible or self insurance portion € thereol) to cover premises rented to you or temporarily occupied by you with permission of the owner; r (ill) That Is Insurance purchased by you(including any deductible or self Insurance portion thereof)to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; j Page 2 of 12 U•GLA 34G13 CW(04113) Includes copyrighted materiel of Insurance Services Office,Inc.,Wth Its permission.Page 10 of 12 I • � s i I I i (Iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g.of Section I--Coverage A Bodily Injury And Property Damage Liability; or (v) That Is property Insurance(including any deductible or self Insurance portion thereof)purchased by you to cover damage to: Equipment you borrow from others;or Property loaned to you or personal property In the care,custody or control of the Insured arising out of the use of an elevator at premises you own,rent or occupy. (b) Any other primary Insurance(Including any deductible or self Insurance portion thereof)available to the insured covering liability for damages arising out of the premises, operations, products,work or services for which the Insured has been granted additional Insured status either by policy provision or I attachment of any endorsement. other primary Insurance Includes any type of self Insurance or other mechanism by which an Insured arranges for funding of its legal liabilities. (c) Any of.the other Insurance,whether primary, excess,contingent or on any other basis, available to an additional Insured, In which the additional Insured on our policy is also covered as an additional Insured on another policy providing coverage for the same "occurrence", claim or "sult". This provision does not apply to any policy in which the additional Insured Is a Named Insured on such other policy and where our policy Is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. W.Unintentional Failure to Disclose All Hazards Paragraph 6.Representations of Section 1V--Commercial General Liability Conditions Is replaced by the following: 6.Representations By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you rnade to us; and c.We have Issued this policy In reliance upon your representations. Coverage will continue to apply If you unintentionally: a. Fall to disclose all hazards existing at the Inception of this policy;or i b. Make an error,omission or Improper description of premises or other statement of information stated In this policy. You must notify us as soon as possible after the discovery of any hazards or any other Information that was not provided to us prior to Inception of this Coverage Part, X. Waiver of Right of Subrogation Paragraph S.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Commercial General Liability Conditions Is replaced by the following: 8,Transfer Of Rights Of Recovery Against Others To Us I i i a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us,The Insured must do nothing after loss to Impair them.At our request, the Insured will bring"suit"or transfer those rights to us and help us enforce them. b. If the Insured waives Its right to recover payments for Injury or damage from another person or organization in a written contract executed prior to a loss,we waive any right of recovery we may have against I such person or organlzatlon because of any payment we have made under this Coverage part, The written contract will be considered executed when the Insured's performance begins,or when It Is signed,whichever happens first.This waiver of rights shall not be construed to be a waiver with respect to any other operations In which the insured has no contractual Interest. 1 Y. Liberalization Condition j Page 2 of 12 U•GL-134rr8 GW(04113) Includes copyrighted maledal of Insurance Services Office,Inc.,with Its pemtlssion,Pege 11 of 12 � i i i i The following condition Is added to Section IV--Commercial General Liability Conditions: f Liberalization Clause tj If we revise this Coverage Part to broaden coverage without an additional premium charge,your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown In the malting address of your policy. All other terms and conditions of this policy remain unchanged. 1 i 1 , f !I 4 i u-cl:i 3I6-e cw(ait s) Includes copyrighted malerlal of insurance Services Office,Inc.,wllh Its parmlaslon.Palle 112 of 12