HomeMy WebLinkAboutContract 56890CSC No. 56890
termination of this Agreement for any reason, Vendor will provide City witli copies of all
completed or partially completed documents prepared under this Agreement In the event Vendor
has received access to City Information or data as a requirement to perform seivices hereunder,
Vendor will retum all City provided data to City in a machine readable format or otUer format
deemed acceptable to City.
5. Disclosure of Conilicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby wanants to City that Vendor has made fiill
disclosure in writing of any existing or potential conflicts of interest related to Vendor's seiroices
under this Agreement. In the event tl�at any conflicts of interest arise after the Effective Date of this
Ageement, Vendor hereby agrees immediately to make full disciosure to City iu writing.
5.2 Confidential Information. Vcndor, for itself and its officers, agents and employees,
agzees tliat it will h�eat all information provided to it by City ("Cily Information") as coniidenrial
and will no[ disclose any such iuformation to a third party without the prior written approval of
City.
53 Public InFormation Act. City is a goverument entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Infarmation Act. In the event Uieie is a request for information maxked Confidential or Proprietary,
City will promptly notify Vendox. It will be the responsibility of Vendor Yo submit xeasmis objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
mamier and will not allow unauthorized users to �ccess, modify, delete or othenvise comipt City
v�fonnation in any way. Vendor must notify City innnediately if the securiry or integrity of �ny
City Inforniatiou has been compromised or is believed to have been compromised, in whicl� event,
Vendor will, in good faitl�, use all comruercially reasonable efforts to cooperate with City in
identifying what information has been accessed by tmauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized cliscloswe.
6. Ri�ht to Audit. Vendor agrees that City will, witil the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
years, l�ave access to and thc right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic recoxds, of Vendor involving transactions
relating to tliis Agreement at no additional cost to City. Vendor agrees Utat City will have access during
nonnal working how s to ali necessary Vendor facilities and will be provided adequatc and appropriate work
sp�ce in order to conduct audits iu co�npliance with the provisions of this section. City will give Vendoi
reasonable advance notice of intended audits.
7. Indeaendent Contractor. It is expressly nnderstood and agrced that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or empioyee of City. Subject to and in accordance witli tl�e conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operatiovs
and activities and be solely responsible far the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respa�deat si�per•ior
will not apply as Uetween City, its officers, agents, servants and employees, and Vendor, its officcrs, agents,
Vendor Services Agreement Page 2 of 12
employees, servants, conhactors, and subconhactors. Vendor fiu'ther agrees that notliing hereiu will be
construed as the creation of a parmership or joint enterprise between City and Vendor. It is fi�rther
undeistood that City will in no way be considered a Co-employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits fi�om City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contr�ctors, or conhactors.
8. LiabilitV and Indemnification.
81 LIfIBIL7TY - liENDOR WILL 13E L7ABLE AND RESPONSIBLE FOR �NY
f1ND ALL PROPERTY LOSS, PROPERTY DAMAGE f1ND/OR PERSONAL INJDRY,
INCL UDINC DEATH, TO ANY AND ALL PERSONS, OF ANY ICIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGEIVT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLDYEES, CONTRACTORS, OR
SUBCONTRACTORS. LIABILITY TO BE LIMITED TO INSURANCE COVERAGE.
8.2 GENEI2dL INDEMNIFICATIDN - VENDOR HE2EBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS �ND EMPLDYEES, FROM AND AGAINST fI NYAND ALL CLAIMS
OR LAIi�SUITS OFANYXIND OR CHARACTER, fi'HETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANYAND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OI' VENDOR, ITS OFFICEILS,
AGEA�TS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS.
8.3 INTELLECTUAL PROPERTY INDEMN7FICATION — Vendor agrees to
defend, settle, m• pay, at its own cost and expense, any ctaim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the softrvare and/or documentation in accordance with this
Agreement, it being �mderstood that tl�is agreement to defend, settle m• pay will not apply if
City modiFies or roisuses the sofrivare and/or documentation, So long as Vendor bears tlie
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have tlie right to cm�duct the defense of any snch claim m• action and all
negotiations for its settlement or compromise and to settle or compromise any snch claim;
however, City will have the right to f�illy participate in any and all such settlement,
negotiations, m� la�vsuit as necessa�y ta protect City's interest, and City agrees to woperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsiUility
for payment of costs and expe��ses for any claim m� action brougl�t against City for
infringement arising tmder this Agreement, City will have the sole rigliY to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor �vill fully participate and cooperate
with City in defense of sucl� claim m• action. City agrees to give Ventior timely written notice
of any sucL claim or action, with copies of all papers City may receive relating H�ereto.
Norivithstant3ing the foregoing, City's assnmption of payment of costs or expenses will not
climinate Vendor's duty to indemnif,y City t�nder this Agreement. If the sofhvare ancl/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
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resh•ained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, eithei^ (a) procnre for
City tlie right to continue to use the sofhvare and/or documentation; m� (b) modify the
software and/or documentatim� to make it non-infringing, provided tl�at such modification
does not materi�ll,y adversely atfect Cit,y's authorized use of the sofhvare and/m•
docnmentation; or (c) rehlace tlie sofhvare and/or documentation witl� equally suitaUle,
compatible, and functionally eqnivalent non-infringing sofhvare and/or docnmentation at no
additional charge to City; or (d) if none of the foregoin� alternatives is reasm�ably available
to Vendm• terminate this Agreement, and refimd a❑ amoimts paid to Vent3or by City,
subseqnent to which termination City ma,y seek any and TIl remedies available to City under
Inw.
9. Assienment and Subcmttracting.
9.1 Assi ui� Vendor will not assign or subconh�act any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assigmnent, tUe assignee will execute a written agreement with Ciry and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subconh�act. If City grants consent to a suUconhact, the subcontractor will execute
a written agreement with Vendor referencing fliis Agreement under whicl� subcontractor ag�ees to
be bound by Uie duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subconhact.
10. Insuranee. Vendor tnust provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that axe to Ue in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Com�nercial General LiabiliCy:
$1,000,000 - Each Occuireuce
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will Ue on any vehicle used by Vendor, or its employecs, agents, or
represcntatives in the course of providing Services under this A�neement "Any
vehicle" will be any vehicle owned, hired aud non-owned.
(c) Worker's Compensation:
Stahrtory limits according to the Texas Workcrs' Compe�isation Act or any other
state workcrs' compensariou laws wherc the Services are being performed
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Employers' liability
10.2
(d)
$100,000 - Bodily Injuiy by accident; each accident/occurrence
$100,000 - Bodily Injury by disease; each employee
$500,000 - Bodily Lijury by disease; policy limit
Professional Liability (Enors & Omissions): � Applicable � N/A
$1,000,000 - Each Claim Limit
$1,000,000 - Aggegate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General LiaUility (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets ali other requirements.
Coverage must be c(aims-made, and maintained for the duration of tlie contractual
agreement and for two (2) years following completion of services provided. An
annual ce�tificate of insurance must be submitted to City to evidence coverage.
General Requireme��ts
(a) The coirunercial general liability and antomobile liabiliry policies must
name City as an additioual iusured thereov, as its interests may appear. The term
City includes its employces, officers, officials, agents, ai�d volunteers in respect to
the conhacted services.
(b) Thc workers' compensation policy inust include a Waiver of Subrogation
(Right of Recovery) in favor of CiTy.
(c) A minimum of Thirty (30) days' notice of cancellation or xeduction in
limits of coverage must be provided to City. Ten (10) days' notice 4vi11 be
acceptab]e in the event of non-payment of premium. Notice inust be sent to the
Risk Manager, City of Fort Wortli, 200 Texas Sh'eet, Fort Worth, Texas 76102,
��ith copies to the Fort Worth City Attomey at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- V II
in the ciurent A.M. Best Key Rating Guide, or have reasonably equivalent financial
shength and solvency to the satisfaction of Risk Mana�ement. If the rating is
below tha[ required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will uot constitute a waiver of the insurance requirement.
( fl Certificates of Insurance evidencing that Vendor has oUtained all required
insurance will be delivered to tlie City prior to Vendor proceeding with any work
pursuant to this Agreement.
1 l. CompliTnce witl� Laws, Ordinances, Rules and Reeulations. Vendor agrees that in the
perfonnance of its obligations hereimder, it will comply with all applicable federal, state and local laws,
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ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violarion of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non-Discrimination Coven�nt. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as p�rt of the covsideration herein, agrees that in the
performance of Vendor's duties aud obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any Uasis prohibited by law. IF ANY CLAIM
ARISLS P'ROM AN ALL�G�D VIOLATION OF TAIS NON-DISCRIMINATION COV�NANT
BY VGNDOR, I7'S PGRSONAL REPR�SENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCC�SSORS IN INT�R�ST, V�NDOR AGREES TO ASSUM�
SUCH LIABILITY AND TO IND�MNII'Y AND D�1+�ND CITY AND HOLD CITY HARML�SS
I'ROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will Ue
conclusively determined to have Ueen delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with elechonic confinnation of thc
transmission, or (3) received by the other party by United States Mail, registered, return receipt reqLiested,
addressed as follows:
To CITY:
City of Fort Woith
Attn: Assistant City Manager
200 Texas Sheet
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
To VENDOR:
Synergy Regrigeiation
Doug Sweet, President
1520 Airport Drive
Ball Ground, GA 30107
Facsimilc:
With eopy to Fod Wmth City Attorney's Office at
same address
14. Solicitation of Emplovees. Neither Ciry not Vendor will, during the term of this
Agreement and additionally for a period of one year after its tennination, solicit for employment or employ,
whether as employee or independevt confiactor, any person who is or has been employed by the other
during the term of this Agreement, without the prim� written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitarion of advertisement of employment by either party.
15. Governmental Powers. It is imderstood and agreed that by execution of this Agreeinent,
City does not waive or sun�ender any of its governmental powers or inmmnities.
16. No Waiver. The failure of City or Vendor to insist upon tlie performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governine Law / Venue. This Abneeinent will Ue construed in accordauce with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
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Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northein District of Texas, Fort Wordi Division.
18. Severability. If any provision of tl�is Ageement is held to be invalid, illegal or
unenfoiceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Porce Maieure. City and Vendor will exercise their best efforts to meet tl�eir respective
duries and obligarimis as set forHi in this Agreeinent, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond tl�eir reasonable conhol, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enetny; fires; sir-ikes; lockouts; nah�ral disasters; wars; riots; epideinics or pandemics; governmeut action
or inaction; orders of government; material or labor resreictions by any governmental authority;
transportation problems; reshaints or prohibitions by any court, board, deparhnent, covunission, or agency
of flie Uuited States or of any States; civil disfirbances; other narional or regional emergencies; or any otlier
similar cause not enumerated herein but which is beyond tl�e reasonable control of the Pazty whose
perfoanance is affected (collec[ively, "Force Majeure EvenY'). The perfonnance of any such obligation is
suspended during the pexiod of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides norice of the Force Majeure Event, and an explanation as to how it prevcnts or
hinders the Party's performance, as soon as reasonably possible after the occurrence of thc Force Majeure
Event, with the reasonableness of such notice to be detennined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of tl�is Agreemeut.
20. Headines not Controllin�. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, avd are not inte��ded to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not Ue employed in the interpretation of this
Agreement or Uie Exhibits.
22. Amendments ( Modifications / Extensions. No amendmcnt, modification, or extension
of this A�eement will be binding upon a pa�ty hereto Lmless set forth in a written instrumenY, which is
executed by an auUiorized representarive of each party.
23. Counternarts. This A�eement may be executed iu ove or more counterparts and each
counterpart will, for all puiposes, be deemed an original, but all such counterputs will together coustitute
one and the same inshvment.
24. Warrantv of Services. Vendor wanants that its services will be of a high quality and
conform to generally prevailing indushy standards. City must give written norice of any breach of this
wananty within thirry (30) days from the date tUat the services are completed. Hi such evcnt, at Vendor's
option, Vendox will either (a) use commercially reasonable efforts to re-perforni the scrvices iv a manner
that confoims with the warranty, or (b) refund tt�e fees paid by City to Vendor for the nonconforming
services.
25. ImmierationNationalitvAct. Vendormustverifytheidentityandemploymenteligibility
of its e�nployees who perform work under this Agreement, includivg completing Uie Employment
Eligibility Vexificarion Form (I-9). Upon request by City, Vcndor will provide City with copies of all I-9
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foruis and supporting eligiUility documentation Por each employee who performs work under tliis
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and conhols so that no seiviccs will be performed Uy any Vendor employee who is not legally e]igiUle to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARML�SS rROM
ANY P�NALTIES, LIABILITI�S, OR LOSS�S DU� TO VIOLATIONS OP THIS PARAGRAPH
BY V�NDOR, V�NDOR'S �MPLOY��S, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will l�ave tl�e rigl�t to immediately tei7ninate tl�is Agreement
for violations of this provision by Vendor.
26. Ownershiu of Worlc Product City will be the sote and exclusive owner of all reports,
work papers, procedures, guides, ancl documentation that are created, publisl�ed, displayed, or prociuced in
conjunction with the se�vices provided uuder tl�is Agreement (collecCively, "Work ProducY'). Fuither, City
will be Uie sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. O�tvership of the Work Product will inure to the benefit of City fiom
the date of conception, creation or fixation of tlie Work Product in a tangible medium of expression
(wl�ichever occurs first). Each copyrigl�table aspect of the Work Produc[ will be considered a"work-�vadc-
for-hire" wiYhin the meaning of the Copyright Act of 1976, as amended. If and Yo the extent such Work
Product, or any part thereof, is not considered a"workanade-for-hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, riademark, trade secret,
and all oUier propiietary rigitts tl�erein, that City may have ox obtain, without furflier consideratiou, free
from auy claim, lien for balance due, or rights of retention thereto on the part of City.
27. Sianatare Antlioritv. The person signing tl�is Agreement hereUy wanants that they have
the legal authority to execute tl�is Agreement on behalf of the respective party, and that such binding
authority has beev granted by proper order, xesolution, ordinance or other authorization of tl�e entity. This
Agreement and any amendment hereto, may be executed by any autl�orized representative of Vendor. Eacl�
party is fully entitled to rely on these warranties and representations in entering into tl�is Agreement or any
amendment hereto.
28. Chanee in Companv Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address cl�auge for the purpose of maintainivg
updated City records. The president of Vendor m authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with flic state indicating such change, copy of the board of director's
resolution approving the actiou, or vi executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Bovcott of Israel. If Vendor l�as fewer than 10 employees m• this Agreement is for
less Hian $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the coinpany that iY. (1) does
not boycott Isr�el; and (2) will not boycott Israel during the term of the contract The tenns "boycott IsraeP'
and "company" has tl�e meanings ascribed to those tenns in Section 2271 of the Texas Govermnent Code.
By signing this Agreement, Vendor certi�es that Vendor's signatru•e provicles written verification to
the City tliat Vendoi: (1) does not boycott Israel; and (Z) will not boycott Israel diu•ing the term oi'
tl�e Agreement.
30. Prohibition on Bovcottin¢ Enerev Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, $ 2,
Vendor Services Agreement Page S of 12
tl�e City is prol�ibited fi�om entering into a contract for goods or services tl�at has a value of $1OQ000 or
more that is to be paid wholly or partly firom public fimds of the City with a couipany with 10 or more fiill-
time employees unless the conhact contains a written verification from the company that it (I) does not
boycott ene�gy companies; ancl (2) will not Uoycott ener�y companies duiing Yhe term of the contract The
terms "boycott energy company" and "company" have the meaning ascribed to tl�ose tenns Uy Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
tliat Chapter 2274 of the Governmcnt Code is applicable to this A��eement, Uy signing this Agreement,
Vendor certifies that Vendor's signahu�e provides written verifica6on to tl�e City tl�at Vendor: (1) does not
Uoycott energy companies; and (2) will not boycott energy cov�panies dw ing the term of this Agreement.
31. Prohibition mi Discrimination A�ainst Pirearm and Ammunition Indush•ies. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of tl�e Texas Goverument Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohiUited fi�om entering into a contract for goods or
services that has a value of $IOQ000 or more that is to be paid wholly or partly frout public funds of tlie
City with a company with 10 or more fiill-time employees uuless the conhact contains a written verification
from the company that it. (1) does not have a practice, policy, guidance, or directive tl�at discriminates
against a fireann entity or fireann h�ade association; and (2) will not discriminate during tl�e term of the
conh�act against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity"
and "firearin hadc association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Govermnent Code, as added Uy Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 22?4
of the Governuient Code is applicable to this Agreement, by signing this Agreement, Vendor certiiies ttiat
Vendor's signatiree provides written veiification to the Ci[y that Vendoi: ( I) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or fireann hade association dLiring the tenn of this Agreement.
32. Electronic Si¢natnres. Tlvs Agreement may be executed by elechonic signature, wl�ich
witl be considered as an original signature for all purposes and have the same force and effect as an ariginal
signahire. For tl�ese purposes, "elech�onic signature" meaus elech'onically scanned and transmitted versious
(e.g. via pdf file or facsimile transnrission) of an original siguature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entiretv of A�reement. This Agreement contains the entire understanding and agreement
beriveen City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written a�eement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(sigrtalnee page folloins)
Vendox Services Agreement Page 9 of 12
Christopher Harder (Dec 17, 2021 07:19 CST)Christopher HarderDBlack (Dec 22, 2021 14:49 CST)Dana Burghdoff (Dec 27, 2021 09:39 CST)Dana BurghdoffJannette S. Goodall (Dec 28, 2021 07:09 CST)Jannette S. Goodall
EXHIBIT A
SCOPE OF SERVICES
[1NSERTED BEHIND THIS PAGE]
Vendor Services Agreement Page ll of 12
ORT WORTHo
CITY OF FORT W�RTH BID OFFER
Event ID Page Invited: PUBLIC EVENT OETAILS
CFWO1-21-01'17 1
Event Round Version Suhmit 70: C(ty of FOn Wotth
1 i � FINANCIA� MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
iTa oe�a eares nfainee a�co an xe airs 2o0TexasSL LowerLevel,South)
Start Tlme Finish Time Fort Worth TX 6102
o ze z zi oe:oo:oo cox os ia zou 13:30:00 CDT UnitedStates
Emall: FMSPurchasingResponsesQfortworthtexas.gov
Event Description
The City of Fort Worlh seeks bids for an annual agreement with a quali(led Contrsctor to provlde OEM
Dresser-Rand, OEM Vllter and OEM Mycom parts, maintenance, and repairs on an as needed basis for lhe Water
Department.
Terms & Condifions
Pr�Hfd Conference:
o Pre•Bid Conference.
merchandfse, supplies, services and/or equlpmant as set (orth in this
ing one exeouted original and ona USB flash drive containing electronic
versions of all bld documents must be received by the Purchasing Division an time stamped no later than 1:30
P.M.. August 12, 2021, and then publicly opened and read aloud around 2:00 P.M. in the Councll Chambers. Bids
must be submltted in a sealed envelope WITH THE COMPANY NAME AND BID NUMBER WRITTEN ON THE
OUTSIDE OF THE ENVELOPE.
Bids shall be mailed or hand delivered to the following address:
Cily of Fort Wo�lh, Purchasing D(vision,
Attn: Megan Fowier for ITB 21-0177 OEM Parts, Maintenance, and Repairs
Lower Level, City Hall, 200 Texas Street, Fort Worlh, Texas 76102
Bids Hand delivered can be dropped off from 8:30am-1;30pm on Thursdays at Ihe South End lobby of City Hall.
Bids dellvered by special courier (i.e. Federal Express, Special Delivery ete.) are to be marked on the
outside of the couriers shipping envelope with !he Bidder s company name and BID No. ID No. 21-0177, OEM
PARTS, MAINTENANCE, AND REPAIRS AND MUST 8E RECEIVED BY THE PURCHASING OFFICEAND TiME
STAMPE� PRIOR TO THE 1:30pm DEADLINE IN ORDER Tp aE CONSIDERED.
Late 61ds will he relurned or deslroyed; they wlll not be opened nor considered in ihe evaluation of lhe bid.
Bids may be wlthdrawn at any qme prior to the officiai opening. 81ds mey not be altared, amended or withdrawn
afler the ofliciai opening. The undersigned agrees, if lhe bid is accepled, fo furnish any and all items upon
which prices are o(fered, at tho prica(s) and upon the tetms, conditions and scope/specificatlons contained in this
documenl. The period for acceplance of this bid wiil be 120 calendar days aiter the bid opening date.
All questinns regarding ITB 21-0177 ere due 6y 5:OOpm (CS'f) nn Monday, August 2, 2021
Dacument LJsI.•
1) City of Fort Worth BId Offer �
2) Part I- Insfrucllon to Bidders
3) Part ii - Purchasing Specifications
4) Part ill - Standard Purchasing Terms and Condiifons
5J Part IV Adachments
6.1 Attachment A- Conflict of Interest �Isclosure
6.2 Attachment B- Bidder s Conlacl Informatlon
6.3 Attachment C- Gonsideralion of Localion oF Bidder's Principal Place of Business
6.4 Attachment 0- Reference Sheet
6.5 Attachment E• How to Register wiih the City of Fort Worth
6.6 Aitachment F• Automated Invoice Processing
6.7 Altachment G- No Bid Sheet
6.8 Attachmenf H- Detailed Bid Specifications
6.9 Attachment I- QualfOcatlon Questionnaire
6.10 Attachment J-Draft Vendor Service Agreement
6.11; Altachment K- Documental(on Checklist
FORT WORTH.,
`-`T'`"� CITY OF FORT WORTH BID OFFER
Evont ID Page invlted: PUBLIC EVENT DETAILS
CFWO1-21-0177 2
Event Round Versfon Submit To: City of Fort Worth
i i FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
IT9 OEtd Parta nfatneona e and ae asrs 200 Texas St. (Lower L.evel, South)
start Time Pinish Time Fort Worlh TX 76102
o� za zozi oa:oo:oo coT os iz zozl 13:30:�0 CDT United States
Emall: FMSPurchasingResponses@fortworthtexas.gov
1T6 Siqnin4 Sheet
The undersigned, by his/her signature, represanls Ihat helshe is submitling a binding bid and Is authorized to bind the
respondent to fully comply with the sollcitation document contained herein. The Authorized Person, by slgning and submilti�g,
acknowledges that he/she has received and read the entlre document packet sectlons deflned ahove including all documents
incorporated by reference, and agrees to be bound by the terms thereln. Documents are hereby incorporated into this
Solicitation by reference, wllh the same force and eKeci as if they were incorporated in full text. The perlod for acceptance of
lhis bid will be one hundred and twenty (120) caiendar days aRer "Flnish timelEnd �ate Ttme".
Legal Name and d(b/a:
Address: �',��0 N'.(' Uv( \ �..Jl •
c�ry, siate, zip: L-\ a v. c�iS. aJ O 1 O
Bidder/Supplled ID wilh Clty of Fort Wort / Federal ID Number (TIN): � O�f'3y7 ���
Name of Ihe Authorized Representative: I� �� C..�/�4�e.1 �%� /�
TiUe: � h i L¢_ a-
Signature oF the Authorized Rel_presentatWe and Date: 01 �
Email Address: mCQ f\ 5 � . d-
Phone Number: r-� 1C� "' �r� O�� � 6�
Will agreement 6e avallaBle for Cooperative Agreement use'? Yes No�
(' See Sectlon 11,� Cooperative Purchasing of Part I, Instructlon to 8ldders )
ITB 21•0177 OEM Parts, Mainlenance, and Repalrs
Page 2 of 70
PART - I
INSTRUCTION 70 BIDDERS
1.0
1.1 Review of Documents: Bidders are expected to examine alI documents that make up
the Solicitation. Bidders shall promptly notify the City of any omission, amhiguity,
inconsistency or error thal they may discover upon examination of the Sollcitation.
Bidders must use a complete Solicitatlon lo prepare Bids. The City assumes no
responsibility for any errors or misrepresentations thal result Trom the use of incomplete
Solicllalions.
1.2 Location of Documents: Solicltations are Issued by the Purchasing Division. The
locatlon and phone number for ihe Purchasing Division are specified in the advertisement
and in the soliciiation.
2.0 EXPLANATIONS OR CLARIFICATIONS
2.1 Any explanation, clarification, or interpretation desired by a Bidder regarding any part of
the Solicitation must be requested in wriling from the Purchasing Divislon with sufficient
time allowed for a wrliten addendum to reach each Bidder before the submission of fheir
eid. Interpretations, correclions, or changes to the Solicitation made in any other manner
are not 6inding upon the City, and Bidders shall not rely upon such interpretations,
corrections or changes. Oral explanalions or instructions given before the award of the
Contract are not binding.
2.2 Requests for explanations or clariFlcations may be faxed to the City's Purchasing Division
at (817) 392-8440. The fax must clearly identiTy the Buyer's name and Ihe Solicitation
number. Any material information given to one Bidder concerning a Solicitation will be
furnished by an Addendum to all Bidders who have been issued a Solicitation.
2.3 Unauthorized Communications: Bidders' contact regarding this Invitation to Bid (IT6)
with employees or officials of the City other than the Purchasing Manager, the Minority
and Women Buslness Enterprise (M/VJBE) Office, or as atherwise indicated in the ITB is
prohibited and may result in disqualificailon from this procurement process. No officer,
employee, agent or represeniative of the Respondent shali have any contact or
discussion, verbal or written, wlth any members of the City Councii, City staff or C(ty's
consultants, or directly or indirecfiy through others, seek fo influence any Ciiy Council
member, Gity staff, or City's consultants regarding any matters pertaining to this
sollcitation, except as herein provided. Any violation of lhis prohibition may result in the
Respondent being disqualitied from the procurement process. Any oral communications
are considered unofficial and non-binding with regard to this ITB.
3.0 PRE-BID CONFERENCE-
NONB
4.0 PREPARATION OF BIDS
Each Bidder must furnish aIl information required by a Solicitation on the documents provided.
Bids submitted on other than the forms included in tho Solicitalion shall be considered non-
responsive. Any attempt to alter the wording In the Solicitation is ineffective and wili resuit in
rejection of lhe Bid.
4.1 Taxes: Purchases of Goods or Services for City use are usually exempt from Clty, State,
and most Federai Taxes. Bids may not include exempted taxes, The successful Bldder
ITB 21-0177 OEM Parts, Mainlenance, and Repairs
Page 21 of 70
should request a Tax Exemption Certificate from the Purchasing Division. Under no
circumstances shall the Gity be Ifable to pay taxes for which the City has an exemption
under any Contract.
4.2 Brand Name or Equal: If the Solicitation indlcates brand name or "equai" products are
acceptable, the eidder may offer an "equal" product and must be prepared to
demonstrate those features that render it equai. Flnai determination of a product as
"equal" romalns with the City.
4.3 Delivery Time: Delivery time, if stated as a number of days, will be based on calendar
days. Time is of the essence in any City purchase. If the indicated date cannot be met
or the date is not Ind(cated, the eidder shall state its best delivery time.
4.4 Free on Board (FOBj Point: Frelght Terms shall be FOB Destination, Frelght Prepaid
and Allowed. The Bidder should quote its lowest and best price, with the goods delivered
to the{3� specified, at lhe Bidders expense and risk, and there tender delivery to the
City. eids offering any other delivery terms are not acceptable and may be cause for
rejection.
4.5 Prices:
4,5.1 Bids shall be firm priced offers unless otherwise specified.
4.5.2 Prlcing shall be entered on the City of Fort WoNh Bid Offer Sheet.
4.5.3 Totals shall be entered In the "Total Price" column of the Bid Sheet.
4.5.4 In the event of a discrepancy belween unit price and extended pr(ce, the unit
price shall govem.
4.5.5 Prices shall 6e offered in fhe Dollars of the United States of America {or decimal
fracHons thereof).
4.6 Signature: Tho Bidder must sign each document in ihe Solicitaiion requiring a signature.
Any change made to the Bid must be initfaled by the Bidder.
4.7 Bid Securfty: If a pid securlly is required for this purchase, the requirement w11I be
reflected in the "Specification" section of the bid package. Cashier's check or an
acceptable surety bond in the amount indicated In ihe Notice lo Bidders must be
su6mitted at ihe time the bid is submitted, and is subject to forteiture in the event the
successful bidder fails to execute the contract documents within 10 calendar days aker
the confract has been awarded.
4.7.1 To ba an acceptable surety on the bond:
4.7.1.1 The name of fhe surety shail be included on the current Department of
the Treasury's Lisling of Approved Sureties (Depa�tment Circular 570); or
4.7.1.2 The surety must have capital and surplus equal 10 times the amount of
the bond. The surety must be Iicensed to do business in the state of
Texas.
4.8 Alternate eids: 8ldders may offer an "equal" product as an alternate bid. Final
"approved equal" determinalion remains with the City.
ITB 21•01770EM Parts, Maintenance, and Repairs
Page 22 of 70
4.9 Proprietary Information:
4.9.1 All material submitted to the City becomes public property end (s subject to the
Texas Open Records Act upon recelpt.
4.9.2 If a Bidder does not desire proprietary information in the bid to be disclosed, each
page must be identi(iad and marked proprietary at iime of submittal. The City
will, to the extent allowed by law, endeavor to protect such Information from
disclosure. The final decision as to information that musl be disclosed Iles with
the Texas Attorney General.
4.9.3 Failure to identity proprietary information will result in all unmarked seotlons
heing deemed non-proprietary and availahle upon public request.
4.10 8id Preparation Costs: AII costs associated with preparing a Bid in response to a
Solicitatfon shall be borne by the eidder.
A.11 Payments: All payment terms shail be "Net 30 Days" unless otherv✓ise specified in the
bid dacument.
4.11.1 Successful bidders are encouraged to register for direct deposit
payments prior to providing goods andlor services us(ng the forms
posted on the City's website at
https•1/www fortworthtexas qov/departments/finance/purchasina/ach
5.0 SUBMISSION OF BIDS
5.1 Bid document: Unless otherwise spacifiad, 8idders are required to submit a signed
executed original and one scanned copy In ilash drive. Bids must be submitted in a
sealed envelope with the company name and bid number written on the outside of the
envelope.
5.2 Documents required with Bid: The following documents must be submitted with each
Bid prior to the Due Date:
5.2.1 The compieted and signed first page of this document;
5.2.2 The Price Offer in Bid Solicitation Sheet(s); and
5.2.3 Any other document included in the Solicitation requiring completion or executlon
by fhe Bidder.
5.3 Addenda: Receipt of an Addendum must be acknowledged by signing and return(ng lhe
Addendum wiih the Bid if requested or under separate cover prior to the Due Date and
Time. Addenda containing bid pricing should be returned in a sealed envelope marked
on lhe outside with the Bidder's name, address, the Solicitation number, and the Due
Date and time.
5.4 Late Bids: Bids must be received in the Purchasing Oivision prior to the Due Date and
Time. All Bids received aHer the Due Date and Tlme are considered late and will be
returned to the Bidder unopened. The time stamp ciock on the receptionisPs desk in the
Purchasing Division is the time of record. It Is the sole responsibility of the Bidder to
ensure timely delivery of ihe Bid to the Purchasing Divlslon. The City will not be
responsibie for failure of sorvice on the part of Ihe U.S. Postal Office, courier companios,
or any other form of delivery service chosen by the Bidder. Bids dellvered to a C(ty
Iocation other than ihe Purchasing Division will not he considered. The Bid must be
received by the Purchasing Division and stamped before deadline to be considered.
ITB 27-0177 OEM Parts, Maintenance, and Repairs
Page 23 of 70
6.0 MODIFICATION OR WITHDRAWAL OF BIDS
6.1 Modification of Bids: Bids may be modified in writing at any time prior to the Due Date.
6.2 Withdrawal of Bids: Bids may be withdrawn in writing, or by facsimile {provided that the
facsimile is signed by the Bidder) at any time prior to the Due Date. A Bid may also be
wlthdrawn in person by a Bidder, provlded lhe withdrawal is made prior to the Due Date.
A receipt of withdrawal must be signed by the Bidder. No Bids may be withdrawn after
the Due Date without forfeiture of lhe Bid guaranlee, unless there is a material error in
the Bid. Withdrawn Bids may be resubmitted, wilh or without modificalions, prior to the
Due Date. The City may require proof of agency from lhe person withdrawing a bid.
7.0 OPENING OF BIOS
The Purchasing Division representative responsible for opening Bids shall personally and publicly
open all Bids limely recelved, reading each bid aloud.
8.0 EVALUATION FACTORS AND AWARD
8.1 Evaluation: Bidders may furnlsh pricing for ail or any porlion of the Solicitation (uniess
otherwise specified). However, lhe City may evaluate and award the Contract for any
item or group of items shown on the Solicitation, or any combination deemed most
advantageous to the Clty. Bids lhat specify an "all or none" award may be considered if a
single award Is advantageous.
8.2 Award. The Method of Award is detailed in Section 19 in Part III Scope of
Services/Specitications (Note: A bidder wlll be disqualified if they do not earn at least
50% of the technicai points avaliable).
8.3 Acceptance of Bid: Acceptance of a BId will be in the form of a Purchase Order or a
Contract. Subsequent purchase releases may be issued as appropriate. The contents of
a Bid shall become a part of the Contract. Under no circumstances wlll the City be
responsible for Goods or Services provlded wilhout an acceptance signed by an
Authorized City Representative.
8.4 Reservafions: 7he Clty expressly reserves the right to:
8.4.1 Specify approx(mate quantities in the Solicitation;
8.4.2 Extend the Solicitation opening date and fime;
8.4.3 Consider and accept alternate 81ds, if specified in the Solicitation, when most
advantageous to the City;
8.4.4 Waive as an informality, minor deviations from specifications provided they do
not affect competition or result in functionally unacceptable goods or services;
8.4.5 Waive any minor informality in any Bid or Solicitalion procedure (a minor
informality is one that does not affect the competitiveness of the Bidder);
8.4.6 Add additional terms or modify exlsting terms In the Solicitation;
8.4.7 ReJect a bid bocause of unbalanced unit prices bid;
8.4.8 Reject or cancei any or ali Bids;
8.4.9 Reissue a Solicitalion;
ITB 21-0177 OEM Parts, Ma�ntenance, and Repalrs
Page 24 of 70
8.4.10 Procure any item by other means; and/or
8.4.11 Award to multiple vendors on a non-exclusive award basis, or primary and
secondaryvendors.
9.0 POST-BID DOCUMENTS REQUIRED FROM BIODERS
9.1 Certificates of insurance: When insurance is required, the successful Bidder must
provide Certificates of Insurance in the amounts and for the coverages required to the
Purchasing Office within 14 calendar days after notiflcation of award, or as otherwlse
required by the Solicitation.
9.2 Payment andlor pefformance eonds: When Payment andlor Per%rmance 8onds are
required, ihe successful Bidder must provide the bonds, in the amounts and on the
conditions required, within 14 calendar days after notification of award, or as othenvise
required by the Solicitation.
9.3 Minority Business Enterprise (MBE) Documents: If an MBE goal has been established
for the bld, lhe applicable documents must be su6mitted by all bidders wlshing to
continue in the bid evaluation process withln two (2) City business days after fhe bid
opening date, excluslve of the bid opening date, to the Clty location speclfled in tha bid.
Bidders shall obtaln a receipt from lhe approprfate department as evldence ihat the City
received the documentation.
9.4 Certlficate of Interested Parties Form 1295: If the Purchase Agreement must 6e
approved by ihe City Council before executfon, the successful bidder is requlred to
complete the CeKiticate of interested Parties Form 1295 and submit the form to the
Purchasing contact Ilsted in the solicitation before Ihe purchaselcontracl will be presented
to the City Council. The form may be completed at
hltps�!lwww efhics sfate tx.us/whatsnew/elf info form1295.htm.
10.0 PROTEST PROCEDUI2E
10.1 Vendors who respond to Invitations to 8id have the right to protest the solicitation
process or the hid award if they belfeve thal there has been any Vmpropriety or unfair
criteria ln the process.
10.2 The vendor must submit any protest in writing to the Purchasing Manager within 14 days
after lhe vendor knows, or should have known, of the facts relating lo the proposed
actlon or award.
10.3 The Purchasing Manager, or designee, is authorized to resolve a protest concerning a
purchasing action through telephone discussions, mall, email or in person meetings with
the protesting vendor.
10.4 After discussions or meetings, the Purchasing Manager or designee will issue a decision
in writing, state the reasons for the action taken and inform the protesting vendor of lhe
right to review by a panel made up of Cily staff.
10.5 A Cily protest review panel will consist of an Assistant City Attorney, a representative of
the operating department, the Purchasing Manager and any other approprlate personnel
or employees of the operating deparlment.
10.6 if the panel is una6le to resolve the protest, or if the panel makes a declsion with which
the vendor does not agree, the protesting vendor will be invited to attend the City Councii
meeting at which the recommended award is to be presented to the Gity Councfl and
make known his/her concerns. The protesting vendor will be instructed to arrive prior to
ITB 27-0177 OEM Paris, Maintenanca, and Repalrs
Page 25 of 70
ihe start of the City Council meeling and complete a card requestlng to speak concerning
the particuler Mayor and Council Communicafion document (M&C) in question.
10.6.1 Vendors wishing to speak before the City Council should review the ru�es for
registering to appear before City Council locatad at:
http•I/fortworthtexas qov/cilvsecretarv/info/default aspx9id=2914 on the City's
website.
11.0 COOPERATIVE PURCHASING
11.1 Should other governmental entities decide to participate in this contract, bidder, shall
indicate In their proposals whether they agree that all terms, conditions, specification, and
pricing would apply.
11.2 li the successful bidder agrees to extend the resulfing contract to olher governmental
entltles, the following shall apply: Governmental entfties within utilizing Contracts with the
City of Fort Worth shall be eligible, But not obligated, to purchase material/services under
this contract(s) awarded as a resuit of this solicitation. All purchases by governmental
entities other than the City of Fort Worth shall be billed directly to that governmentai
entity and paid by that governmental entity. The City of Fort W orth shail not be
responsible for another governmental entity's debts, Each governmental ent(ty shall
order its own materiaUservices as needed.
ITB 21-0177 OEM Parts, Maintenance, and Repalre
Pac�e 26 of 70
PART - II
PURCHASING SPECIFICATIONS
1.0 SCOPE
1.1 The City of Fort Worth (City) seeks bids to tinalize a non-exdusive annual agreement
agreements for OEM parts, maintenance, and repairs as described herein on an "as
needed basis" for the Wa[er Department. The City intends to award multiple agreements
lo provide full coverage of service tor the City. Ths successful bidder(s), known hereafter
as "ConhaclorY"Vendor."
1.2 Thls Agreement shall be for a one-year (1) period, with four (4) options to renew for
additional one-year periods, unless terminated earlier in accordance with this Agreement
("Initial Term"). However, if Tunds are not appropriated, the City may cancel the
Agreement thirty (30) calendar days after providing written r�otiffcatlon to the Contractor /
Vendor.
1.3 Foliowing the award, additional servlces and/or goods of fhe same general category that
could have been encompassed in the award of this Agreemenl, and that are not already
on the Agreement, may be added based on the discount hid and price sheet provided
wlih the bid.
1.4 Unit prices shall include all costs associated wilh the speclfied work, including but not
limited to handling, delivery, fuel charges, fees and certifications fees. No additional
charges will be accepted or paid by lhe City.
1.5 All items supplied resulting from this bid shall be of recent production, unused, and
suitable for their intended purpose,
1.6 The submission of a bid by the bidder shall be considered evidence of compliance wiih
these requlrements.
2.0
The Vendor hereby agrees to provide the Clty wilh requirements attached hereto and
incorporated for ail purposes incident to this Agreement In Attachment "H", Detailed Bid
Specifications, and in Attachment "J" Draft Vendor Servlce Agreement more speci�cally
describing the services and/or goods to be provided hereunder.
3.0 CHANGE IN COMPANY NAME OR OWNERSHIP
3.1 The Vendor shali notify lhe Citys Purchasing Manager, in writing, oi a company name,
ownership, or address change for the purpose of maintaining updated City records. The
president of the company or authorized official must sign the letter. A letter indicaling
changes in a company name or ownership must be accompanied with supporting Iegal
documentation such as an updated W-9, documents filed with the state indicating such
change, copy of ihe board of director's resolution approving the action, or an executed
merger or acquisition agreement. Failure to do so may adversely Impact fu(ure Invoice
payments.
4A LAWS REGU�ATIONS AND ORDINANCES
4.1 The Vendar shall be responsible tor meeting ali Federal: laws, ordinances and
regulations; State: laws, ordinance and regulations; County: laws, ordinances and
regulations; and City: laws, ordinances, and regulations for safety of people,
environment, and property. This includes, but is not limited to, alI Federal, State, County,
and City Agencies, Administrations and Commissions such as ihe Environmentai
iT8 21-0177 OEM Parts, Malnlenance, and Repairs
Paga 27 of 70
Protection Agency (EPA), Occupational Safety and Health Administration (OSHAj, and
the Texas Commission on Environmental Quality (TCEQ). In the event any law,
regulation or ordinance becomes effective after the start of this Agreement, the Vendor is
required to comply with new policy. Any mandates requiring the City to comply wilh new
guidelfnes will also require the Vendor to comply.
5.0 INVOICING REQUIREMENTS
5,1 The City is implementing an automated invoice processing system. Please see
Attachment F for each departmenCs "Go live date" and requirements.
5.2 TiII implemeniing automaled invoice:
5.2.1 All invoices should be submilted directly to lhe requesting department. It is the
responsibillty of the Vendor to get the name of the responsible person, telephone
numbers and address of the department's division at the time the service is
requested.
5.2.2 A properly prepared invoice shall be iypewritten or computer printed and shall
include the Vendor's name, number and federal tax identification number, invoice
number, address, date, servfce or item description, unit price, extended cost, and
City issued purchasa order number. Incomplete or inaccurate invoices may result
in delayed payments, as they shall be returned to the Vendor for correction and
re-submittal.
6.0 UNIT PRICE ADJUSTMENT
6.1 The unit prices may be adjusted for increases or decreases in Vendor's cost during the
renewal period but before the effeclive date of the re�ewal upon written request from the
Vendor.
6.2 The Vendor must submit its price adjustment request, in wrifing, at least 60 days before
Ihe renewal effective period. The Vendor shall provide written proof of cost Increases
with price adjustment request.
6.3 If the City conciudes that the rate fncrease being requested is exorbitant, the City
resarves the right to adJust the rete request, or re)ect the rate request In its entirety and
allow the contract to expire at the end of the contract term. If the City elects not to
exercise the renewal option, the Purchasing Division will issue a new sollcitation.
6.4 Prices bid shall remain firm for each one-year term of the Agreement and shall include all
associaled freight and deiivery costs.
6.5 Prices offered shall be used for 6id analysis and for Agreement prlcing. In cases of errors
in extensions or totals, the unit prices offered will govern.
6.6 Upon expiration of tha Agreement term the successful bidder, agrees to hold over under
the terms and conditions of this Agreement for a reasonable period of tlme to allow the
city to re-bid an agreement, not lo exceed ninety (90) days. Vendor will be reimbursed for
this service at the prior agreement rate(s). Vendor shall remain obligated to the City
under all clauses of this Agreement lhat expressly or by their nature extends beyond and
survives the expiration or termination of this Agreement.
6.7 Goods and/or services shall not be suspended by the Vendor wlthout a 30 day prior
written notice to the City.
ITB 21-0177 OEM Parts, Maintenance, and Repairs
Page 28 ot 70
7.0 �UANTITIES
7.1 The quantities Iisted on the bid solicitation are only eslimates based on previous usage
and do noi indicate intent to purchase or a guarantee of tulure business. The Cily of Fort
Worth is obligated to pay for only those materials and services actually ordered by an
auihorized City employee and then recoived as required and accepted by the City.
8.0 INSURANCE REQUIREMENTS
8.1 The Vendor shall assume all risk and liability for accidenis and damages that may occur
to persons or property during the prosecufion of work under this Agreement. The Vendor
shall file with lhe City of Fort Worth Purchasing Division, prior to the commencement of
services, a certfflcate of insurance documenting the following required insurance.
8.1.1 Failure to provide such information within Five (5) calondar days may be grounds
for Agreemenf termination.
8.2 Pol(cies shall have no excluslons by endorsements which nullify the required Ilnes of
coverage, nor decrease the limits of said coverage unless such�endorsements are
approved by the City. In the event a contract has been bid or executed and the
exclusions are determined to be unacceptable or the City deslres additional insurance
coverage, and the City desires the Vendor to o0tain such coverage, the contract price
shall be adjusted by the cost of the premium for such additional coverage plus 10 %.
8.2.1 Siatutory Workers' Compensalion Insurance and Employer's Liabiiity Insurance
at the following limits:
�100,000 Each Accident
$500,000 Disease — Policy Iimit
$100,000 Disease — Each Employee
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with iimits consistent
with statutory benefits outlined (n the Texas Wotkers' Compensation Act (Art.
8308 —1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,006 bodily
injury disease policy limit and $100,000 per disease per employee.
8.2.2 Commercial General Liability Insurance Including Explosion, Collapse, and
Underground Coverage shall be provided as follows:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
Coverage shall include but not be limited to lhe following: premises/operations,
independent vendors, productslcompleted operalions, personal inJury, and
contracluai liability. Insurance shall be provided on an occurrence basis, and as
comprehensive as the current Insurance Services Office (I50) policy.
8.2.3 Auto Liabllity Insurance shall be provided as follows:
$1,000,000 Combined Single l imit Each Accident
A commercial business policy shall provide coverage on "Any Auto", defined as
ITB 21-0777 OEM Paris, Maintenance, and Repalrs
Page 29 0(70
autos owned, hired and non-owned.
8.2.4 The Vendor shall furnish the Purchasing Manager, with a certificate of insurance
documenting the raquired insurance prior to the commencement of services.
8.2.5 Policies shall be endorsed to provide the Cily of Fort Worth a thirty- (30) day
notice of cancellation, material change in coverage, or non-renewai of coverage.
8.2.6 Appifcable policies shall also be endorsed to name the City of Fort Worth as an
additional insured, as Its Interests may appear (ATIMA).
9.0 ADDITIONAL INSURANCE REQUIREMENTS
9.1 The Cliy, lis offcers, employees and servants shali bo endorsed as an add{tional insured
on Vendors insuranee policies excepting employer's Iiability insurance coverage under
Vendor's workers' compensation insurance poiicy.
9,2 Certi(icates of insurance satisfactory to the C(ly and Worker's Compensation Affidavit
must be rece(ved before Vendor can begin work. Failure to supply and maintaln such
Insurance shall be a breach of contract. Vendor shall provide complete copies of all
insurance policies requ(red by this Agreement. Certificates of insurance must be supplied
to:
Financial Management Services Department
Attention: Purchasing Division Bid # 21-0177
200 Texas Street, Fort Worth, Texas 76102
9.3 Any failure on part of the City to request required insurance documentation shall not
conslitute a waiver of the insurance requirements specified herein. Each insurance policy
shall be endorsed to provide the City a minimum 30 day notice of cancellation, non-
renewal, and/or material change in policy terms or coverage. A ten (10) day notice shall
be acceptable in the event of non-payment of premium.
9.4 Insurers musi be authorized to do business in the Slate of Texas and have a current A.M.
Best rating of A: VII or equivalent measure of financiai strength and solvency.
9.5 Deductible Ilmits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless othenvise approved by the City.
9.6 Other than worker's compensalion insurance, in Ileu of traditional insurance, Clty may
consider alternative coverage or risk treatment measures through insurance pools or risk
retention groups. The City must approve in writing any alternative coverage.
9.7 Workers' compensation insurance policy(s) covering employees of the Vendor shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of ihe C(ty.
9.8 City shall not be responsible for the direct payment of insurance premium costs for
Vendor's insurance.
9.9 Vendor's lnsurance policies shall each be endorsed to provide that such Insurance is
primary protection and any self-tunded or commercial coverage maintained by Clty shall
not be called upon to contribute to loss recovery.
9.10 While the purchase order is in eftecf, Vendor shall report, in a timely manner, to the
Purchasing Department any known loss occurrence tha[ could give rise to a liability claim
or (awsuit or which could result In a property loss.
ITB 21-0177 OEM Parts, Malntenance, and Repairs
Page 30 of 70
9.11 Vendor's Iiability shall not be Iimited to the specifled amounts of insurance required
herein.
10.0 PERFORMANCE
10.1 Failure of the City to insist In any one or more instances upon performance of any of lhe
terms and conditions of this Agreement shall not he construed as a waiver or
relinquishment of the tuture pefformance of any terms and conditions, but the Vendor's
obligalion wilh respect to such performance shall continue i� full force and effect.
11A COMPLAINTS
11.1 Compiaints processed through lhe Clty Purchasing Division are to be corrected within
fourteen (14) days of formal notice of complaint. Written respo�se to the Purchasing
Division is required. Failure to properly resolve complalnts within the fourteen (14)
calendar day time period may resuit in the cancellation of the applicable line Item(s) in the
price agreement.
12.0 SUBCONTRACTING
12.1 No subcontracting of ihe work under lhis Agreement wfli be allowed without written
permission from the City.
13.0 ➢ELIVERY
13.1 Delivery shall be F.O.B. Destinalion and ali olher delivery charges shali be included in the
unit price. 7he person placing the order will provide delivery and bllling information. No
add(tional charges for expenses, frefght, mileage, time, or similar items will be accepted
or paid hy lhe City.
13.2 7here may be instances when the Vendor may be asked to accelerafe delivery of an
order(s) due to extenuating circumstances. When this occurs, the Vendorwill be
expected to provide lhis service at no additional cost.
13.3 in the event the Vendor is unable to meet the originai delivery date(s), the City must be
contacted Immediately, but prior to the due date, and saek an extenslon of delivery
time. Failure to comply with ihe delivery terms may be legal grounds for canceling an
order(s), or the entire Agreement in accordance wilh the Termination Clause shown
elsewhere in the solicitation.
13,4 Delivery tickets must include the Cit�%s Blanket Order Number and the ordering
departmenPs Release Number.
13.5 �ellvered items fhat are determined to be defective or not meeting bid specificatlons shall
be picked up and replaced by the Vendor, or the Vendor's designee, at no cost to the
City. If the item (s) are not picked up within one (1) week after notification, the iiem shall
become a donation to lhe City for disposition,
14.0 WARRANTY
14.1 The Vendor shall provide a warranty to include at a minimum, but not Ilmited to the
following:
14.1.1 In addition to any other warrantles in this contract, lhe Vendor warrants that all
work and products supplied under this agreement conforms to lhe agreement
requirements and is free from any defect in workmanship, equipment, material, or
design furnlshed by the Vendor or any suppller at any tier.
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Page 31 of 70
14.1.2 Vendor agrees to repair or replace promptly, on a one-for-one basis wlthout
additional cost fo the City of Fort Worth, any and all defeclive work and products.
The Cily defines "prompP' repair or replacement to be wiihin twenty- four (24)
hours after notification by authorized Clty personnel.
14.1.3 This warranty shall continue for a period of 90 days from date of acceptance of
products and work by the City.
14.1.4 The Vendor shall remedy at the Vendor's expense any non-conforming or
defective products or work. In addition, the Vendor shali remedy at Vendor's
expense any damage to real or personal property owned by the City of Fort
Worih, when that damage is the result of a defect of products furnished.
14.1.5 The Vendor's warranty with respect to products repaired or replaced will run for
90 days from date of instaflation and acceptance of such by the City.
14.1.6 The City of Fort Worth shall notify the Vendor, within a reasonabie time af[er the
discovery of any failure, defect, or damage.
14.1.7 If lhe Vendor fails to remedy any failure, defect, or damage within a reasonable
tlme after recelpt of notice, lhe City of Fort Worth shall have the right to replace,
repair, or otherwise remedy the failure, defect, or damage at the Vendor s
expense.
14.1.8 This warranty shall not include failures attributable to accident, fire, or negligence
on the part of City personnel.
14.2 With respect to ali warranties, expressed or implied, from manuTaclurers, or suppliers for
work performed and materials furnished under lhis contract, the Vendor shall:
14.2.1 Obtain all warranties that would be obtained in normal commercial practice;
14.2.2 Enforce all warrantles for the 6enetit of the City of Fort Worth.
15.0 SAFETY
15.1 The Vendor shall be responsible for meeting alI Federal: laws, ordinances and
regulatlons; State: laws, ordinance and regulations; County: laws, ordinances and
regulatlons; and City: laws, ordinances, and regulations for safeiy of people,
environment, and property. This includes, buf is not Iimited to, all Iicenses, all Federal,
State,.County, and City Agencies, Administrations and Commissions such as the
Env(ronmental Protaction Agency (EPA), Occupational Safety and Health Administratlon
(OSHA), and the Texas Commission on Environmentai Quality (TCEQ).
15.2 A Materlal Safety Data Sheet (MSDS) for each toxic or hazardous substance or mlxture
containing such substance, pursuant to Revisad Statutes Annotated (RSA) Chapter 277-A
(277-A), shall accompany each delivery. Delivery of toxic or hazardous substance or
mixtures conlalning such substance without MSDS sheets shall not be accepfed.
Delivered contalners shali be properly labeled pursuant to RSA 277-A.
T5.3 Failure to submit the required MSDS sheets and/or label each container in accordance with
RSA 277-A, shail place tha Vendor in non-compliance and shall result in civii or criminal
penalties. The Vendor furnishing substances or mixtures subject to RSA 277-A, fs
responsible for adhering to and being in compllance wllh Ihis law. Failure to comply with
RSA 277-A, shall result in the cancellafion of an order.
178 21-0177 OEM Parts, Maintenance, and Repairs
Page 32 of 70
16.0 HAZARDOUS CONDITIONS
16.1 The Vendor is required to notify the City Immediately of any hazardous conditlons and/or
damage to City properly.
17.0 CONTRACT ADMINISTRATION
17.1 Conlract administration will be performed by the City Department. In the event lhe
Vendor fails to perform according to the terms of the agreement, The Deparlment head or
hislher designee will nolify the Vendor, in wriiing, of its failures. A meeting may be
arranged to discuss the Vendor's deficiencies. A wrilten cure notica may be prepared
giving the Vendor 14 calendar days to cure any deficiency.
17.2 In the event the Vendor continues with unsaiisfactory pefformance, the department will
promptly notify the Purchasing Manager who will take appropriate action to cure the
perFormance problem(s), which could include cancellation, termination for convenlence or
default. If fhe agreement is terminated for default, lhe Vendor may be held Iiable for
excess cost andlor liquldated damages.
17.3 The Vendor wili be paid only those sums due and owing under the agreement for
services satfsfactorily rendered, subJecl to offset for damages and other amounts which
are, or which may become, due and owing to lhe Clly.
17.4 The City reserves the right to terminate this agreement, or any part hereof, for its sole
convenience. In the avent of such termination, the Vendor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and sub vendors
to cease work. Subject to the lerms of lhis agreement, lhe Vendor shall be paid a
percentage of lhe agreement price re(lecting the percentage of the work performed prior
to the notice of termination, plus reasonable charges the Vendor can demonstrafe to the
satisfaction oi the City using its standard record keeping system, have resulled from the
termination. However, in no event shail the total of all amounls paid to the Vendor exceed
the agreement price. The Vendor shall not be reimbursad for any profits which may have
been anticipated, but which have not been earned up to the date of terminatlon.
18.0 BIDDERS QUALIFICATIONS
18.1 The following information must be submitted as part of the bid package and shall be
supplied in the following order:
18.1.1 Bidders background, services provided and number of years in business.
18.1.2 eidders shall provide evidence that they are duly qualified and capable to fulflll
and abide by lhe requirements listed herein with the bid. The bidder shall
demonstrate its ability to secure and perform the services within the delfvery
requirements specified herein.
18.1.3 In order to receive bid award consideration, the bidder shall maintain sufficient
resources to fulfill normal City of Fort Worth requirements.
18.1.4 Bidders shall provide a reference iist of a minimum of three (3) current customers
(comparable in size) who the bidder has recently supplied subJect item(s)/and or
services on a continuing basis over a recent twelve (12) month period.
18.1.5 7he Bidder's Company shall 6e established and have experlence of a minimum of
thrae {3) years of repairing and maintaining equipment Ilke described in Section
2.0 the equlpment section.
178 21-0177 OEM Parts, Maintenance, and Repalrs
Page 33 o( 70
19,0
METHOD OF AWARD
19.1 Bids will be evaluated based on the bidder who offers represents the "best value" to Ihe
City. Blds that do not receive 50% or more of the total avallab(o points excluding lho
points for price will be deemed nonresponsive. The following criterla will be considered to
determine the best value:
19.1.1 Cost of se�vice - Maximum 35 points avallable
19.1.2 Quallflcations, Capabllities, and References - Maximum 32 poinls available
19.1.3 Extent to whlch the goods and service meets the City's needs - Maximum 33
points available
20.0
19.2 A responsive bidder Is defined to be one who submiis a completed bld packet wilhin the
stated tlme deadline and in accordance with the bid specification. A responsible bidder Is
defined to be one who demonstrates via responses his�her ability to successfully deliver
the supplies, equipment, or services being procured.
19.3 In order for the City to receive adequate coverage on its requirements as specifled in the
sollcitation, the Clly reserves the right to make multiple awards.
19.Q The Ciiy reserves the right to accept or rejecl in whole or in part any or all bids received
and to make an award on the basis of individual item, combination of items, or overall bid,
as it is deemed in the best interesl of the City.
19.5 The Clly also reserves the right to reJect the bid oi a bidder who has previously failed to
perform properly or complete on time agreements of a similar nature.
19.6 7he City reserves and shall be free to exercise the right to evaluate 6id in relation to
performance record of bidder with the City itself, another municipal corporation of like
size, or private corporations dur(ng the past fwo-year perlod. Such precautions are
deemed to be in the public interest inasmuch as Vendor failure or inabiliiy to furnish items
within the prescribed time can create emergency situations and impose unnecessary
hardshlp on both the City as a municipai corporation a�d the public at large.
19.7 Any Bid that does not include a bid for all of the items, on the Bid Solicilation forrn may be
rejected. The bid award wlll be based on a best valua model, The evaluation factors listed
above wili be applled in a comparaifve manner to all eligible, responsive bids. Award may
6e made without discussion with Bidders after blds are recelved. Bids should, therefore,
be submitted on the most favorable terms.
19.8 Tentative Schedule of Events:
ITB Release Date
Deadline for Questfons
Answers Posted
ITB Due Date
Recommended Vendor Seleciion
Confract Execution
July 28, 2021, 2021
August 2, 2021 at 5:00 PM (Locai Time)
August4, 2021
August 12, 2021 by 1:30 PM (Local 7ime)
August 2021
September 2021
�
20.1 Bidders shall submit ihe foliowing Items with their bid:
20.1.1 A completed and signed original City of Fort Worth Bid Offer;
20.1.2 A completed and signed original Conilict of Interest Questionnaire, Attachment A;
ITB 21�0177 OEM Paris, Mainlenance, and Repairs
Page 34 of 70
20.1.3 A completed 8ldder's Contact Information Form, AtlachmeM 8;
20.1.4 A compieted Consideration of Location of Bidder's Principal Place of Business,
Altachment C;
20,1.5 A completed Reference Sheet, Attachmenl D;
20.1.6 A completed QualiFlcation Questlonnaire, Altachment I;
20.1.7 A compieted Documentation Chscklist, Attachment K;
20.1.8 Copy of the assigned technicians' certifications or licenses as mentioned in
Atiachment H, section 3.5;
20.1.9 A letter from the manufacturer stating that the parts provided wlll be OEM;
20.1.10 All items listed in Section 18.0, Bidder Qualifications;
20.1.11 Any addendums sent out after release of bid;
20.1.11 Scanned copy of all documents listed in paragraph 20.1 on a flash drive.
20.2 Failure to submit the items Ilsted in paragraph 20.1 may be grounds for rejectlon of a bid
as non-responsive to the specifications.
21.0 QUESTIONS
21.1 Questfons, explanatlons or clarifications desired by a Vendor regarding any part oF the
bid must be requested In wr(ling from the Purchasing Division by 5:OOPM (CST) Monday,
August 2, 2021. Interpretations, corrections or changes to the bid made in any other
manner are not binding upon the City, and Vendors shall not rely on such interpretations,
corrections or changes. Oral explanations or instructions given before tha award of the
Agreement are not binding.
BELOW:
21.1.1 Hand Delivery must be submitted to fhe Purchasing Divislon located within City
Hall. An appointment must flrst be made to drop off hand delivored quesllons by
calling the front desk at 817-392-2462. Hand delivered questions should be typed
instead of handwritten.
21.1.2 Emailed questions should be sent to:
FMSPurchasinql2esponsesna fortworthfexas.clov
The subject line of the emalled quesiion must read:
"Megan Question-BID 21-0177"
Please note, if an e-mail confirming receipt of your e-mail is not received within 1
business day, please contact Cily of Fort Worth Purchasing at 817-392-2462.
21.1.3 Facsimile: (817) 392•8440, Attention: Megan Fowier and 8id NO. 21-0177
ITB 21-0177 OEM Parts, Mainienanca, and Repalrs
Page 35 of 70
PART - lll
CITY OF FORT WORTH, 7EXAS
STANDARD PURCHASING TERMS AND CONDITIONS
1.0 DEFINITION OF BUVER
The Gity of Forl Worth, its oKcers, agents, servants, aulhorized empioyaes, vendors and sub
vendors who act on behaif of various City departments, bodies or agencles.
2.0 DEFINITION OF SELLER
The consultant, Coniractor(s), supplier, Contractor(s)or olher provider of goods and/or services,
its o�cers, agents, servants, employees, vendors and s�b vendors who act on behalf of the entity
under a contract wlth the City of Fort Worth.
� . •:u_ •.
Any information submitted to the City of Forl Worth (the "City') may be requested by a memfaer of
ihe public under the Texas Public Information Act. See TEX. GOV'T CODE ANN. §§ 552.002,
552.128(c) (W est Supp. 2006). If the City receives a request for a Seller's proprietary information,
the Seller listed in the request will be notified and given an opportunity to make arguments to
the Texas Altorney General's Office (lhe "AG"j regarding reasons the Seller believes that its
information may not law(ully be released. If Sellerdoes not make arguments or the AG rejects fhe
arguments Seller makes, Seller's informalion will be released without penalty to the City.
4.0 PROHIBITION AGANST PERSONAL INTEREST IN CONTRACTS
No officer or employee of Buyer shail have a financial interest, direct or indirect, in any contract
with Buyer or be financiafly interasted, directly or indirectly, in the sale to Buyer of any Iand,
materials, supplies or services, excepl on behalf of Buyer as an officer or employee. Any wiliful
violation of this section shall constitute malieasance in office, and any offlcer or employee found
guilty thereof shall there by forFelt his office or position. Any violation of this section with the
knowledge, expressed or Implled, of the person or corporation coniracting wlth the City Councll
shall render the contract invalid by the City Manager or the City Council. (Chapter XXVII,
Section 16, Cily of Fort Worth Charter)
5A �$
5.0 No employees of the Buyer or its officers, agents, servants, vendors or sub vendors
who act on behalf of various City departments, bodies or agencies are authorized
to place orders for goods andlor services wilhout providing approved contract numbers,
purchase order numbers, or release numbers issued by the Buyer. The only exceptfons
are Purchasing Card orders and emergencies pursuant to Texas Local Government
Code Sectlon. 252.022(a)(1), (2), or (3)._ in lhe case of emergencies, the Buyer's
Purchasing Division will place such orders.
5.1 Acceptance of an order and delivery on the part of the Seller without an approved
contract number, purchase order number, or release number issued by ihe Buyer
may result in rejection of delivery, retuen of goods al the Seller's cost andlor non-
payment.
.� �• •�.
Seller will package goods in accordance with good commercial praclice. Each shipping container,
shali be clearly and permanently marked as follows: (a) Seller's name and address: (b)
Consignee's name, address and purchase order or purchase change order number; (c) Contalner
number and total number of containers, e.g., box 1 of 4 boxes; and (d) Number of the container
bearing the packing siip. Seller shall bear the cost of packaging unless otherwise provided,
Goods shall be sultably packed to secure lowest transporlation costs and to conform to
requirements of common carriers and any applicable spec(flcations. Buyer's count or weight shall
be flnal and conclusive on shfpmenls not accompanied by packing lists.
ITB 27-0177 OEM PaAs, Maintenance, and Repairs
Page 36 of 70
7,p cHipMENT UNDER RESERVATION PROHIBITED
Seller is not authorized to ship the goods under reservation, and no tender of a plll of lading will
operate as a tender of goods.
8,0 TITLE AND gISK OF LOSS
The title and risk of loss of the goods shall not pass to Buyer u�til 8uyer actually receives and
takes possesslon oF the goods at the point or points of deiivery afler inspection and acceptance
of the goods.
� � .0 :.� a. �•: •.
Frelght terms shall be F.O.B. Destination, Freight Prepaid and Allowed, unless delivery terms are
specified otherwise in Seller's proposals, Buyer agrees to relmburse Selier for transportation
costs in the amount specified in Seller's proposals or actual costs, whichever is lower, If the quoted
delivery terms do not include transportation costs; provided, Buyer shall have the right to
designate what method of transportalion shall be used to ship the goods.
10.0 PLACE OF DELIVERY
The place of delivery shail be set forth in the "Ship to" block of the purchase order, purchase
change order, or release order.
11.0 RIGHT OF INSPEGTION
Buyer shall have the right to inspect the goods upon delivery before accepting them. Seller shall
be responsible for all charges for the refurn to Seller of any goods rejected as being
nonconforming under the speclTications.
12.0 INVOICES
12.1 Seller sha�i submit separate Invoices in duplicate, on each purchase order or
purchase change order after each delivery. Invoices shall Indicate the purchase order or
purchase change order number. Invoices shall be itemized and transpoRation charges,
if any, shall be Iisted separately. A copy of the bill of lading and the freight waybill, when
applicable, should be attached fo the invoice. Seller shall mail or deliver Invoices to
Buyer's Department and address as set forth In the block of the purchase order,
purchase change order or release order enlitled "Ship to:' Payment shall not be
made until the above instruments have been submitted afler dellvery and acceptance
of the goods and/or services.
12.2 Seller shall not include Federal Excise, State or Cliy Sales Tax in its invoices. The Buyer
shall furnish a tax exempiion certificate upon Seller's request.
� . � s.
13.1 The price to be paid by Buyer shall be that contained in Seller's proposals which Seller
warrants to be no higher lhan Seller's current prices on orders by others for producis and
servlces of the kind and specification covered by this agreement for similar quantities
under like cond(tions and methods of purchase, In the event Seller breaches this warranty,
the prices of the items shall be reduced to the prices contained in Seller's proposals,
or in the alternative upon 6uye�'s option, euyer shall have the right to cancel this contract
without any Ilability to Seller for breach orfor Seller's actual expense. Such remedies are
in addition to and not in lieu of any other remedies which Buyer may have in law or
equity.
13.2 Seller warrants that no person or selling agency has 6een employad or retained to solicit
or secure this contract upon an agreemenl or understandl�g for commission, percentage,
brokerage orcontingentfee, excepting employees of an established commorcial or selling
agency that is mainlained by Selier for the purpose of securing business. For breach or
violation of this warranty, Buyer shall have the right, in addition to any other right or rights
arising pursuant to said purchase(s), to cancel this contract without liabllity and to deduct
ITB 21-0177 OEM Parls, Maintenance, and Repalrs
Page 37 0( 70
from the contract price such cammission percentage, brokerage or contingent fee, or
oiherwise lo recover lhe full amount thereof.
� � : � � � :: 71�Yi,
Seller shall not Iimit or exclude any express or implled warranties and any atfempt to do so shall
render this contract voidable at the option of Buyer, Seller warrants that the goods furnished will
conform to Buyer's speclflcatlons, drawings and descriptions listed in the proposal Invitation, and
the sample(s} furnished by Seller, If any. In lhe event of a conflict beiween Buyer's
specifications, drawings, and descriptions, Buyer's spec(fications shall govern.
� � _ _.
Seller warrants that the product sold to Buyer shall conform to the standards promulgated by ihe
U.S. Department of Labor under the Occupational Safely and Healih Act (OSHA) of 1970, as
amended. In the event the product does not conform to OSHA standards, Buyer may refurn the
product for correction or replacement at Seller's expense. In the event Seller fails to make
appropriate correctlon within a reasonable time, any correcfion made by Buyer will be at Seller's
expense. Where no correction is or can be made, Seller shall refund all monles received for sueh
goods within thirty (30) days after request is made by Buyer in wrlting and received by Seller.
Notice is considered to have been received upon hand delivery, or otherwise In accordance with
Section 29.0 of these terms and condiiions. Failure to make such refund shall constitute breach
and cause this contracf to terminate immedlately.
•1 • y: \ •
If this purchase is for the Ilcense of software products and/or services, and unless otherwise
agreed, Seller hereby grants to Buyer, a perpetual, irrevocable, non-exclusive, nontransferable,
royally free license to use the software. This software is "proprielary' to Seller, and is licensed
and provided to the 8uyer for (ts sole use for purposes under this Agreement and any attached
work orders or invoices. The City may not use or share this sokware wlthout permission of the
Seller; however Buyer may make copies of the soflware expressiy for 6ackup purposes.
1 i : t� � _ : � � : � u � • � : �.
17.1 7he SE�LER warrants that all Deliverables, or any part thereof, furnished
hereunder, including but not limited to: programs, documentation, software,
analyses, applications, methods, ways, and processes (in this Section each
individuaily referred to as a"Deliverable" and collectively as the "Deliverables,")
do not infringe upon or violate any patent, copyrlghts, trademarks, service marks,
trade secrets, or any intellectual property rights or other third party proprletary
rights, in the performance of services under this Agreement.
17.2 SELLER shall be (iable and responsible Tor any and all ciaims made against the
City for infrfngement of any patent, copyrlght, trademark, service mark, trade
secret, or other (ntellectual property rights by the use of or supplyfng of any
Deliverable(s) in the course of performance or completion of, or in any way
connected with providing the services, or the City's continued use of the
Deliverable(s) hereunder.
17.3 SELLER agrees to indemnify, defend, settle, or pay, at its own cost and expense,
including the payment of attorney's fees, any claim or action against the City
forinfringement of any patent, eopyrlght, trade mark, service mark, trade secret,
or other intellectual property right arisfng from City's use of the Deliverable(s), or
any part thereof, in accordance wfth this Agreement, it being understood that this
agreement to indemnify, defend, settte or pay shall not apply if the City modifies
or misuses the Deliverable(s). So long as SELLER hears the cost and expense of
payment for cla(ms or actions against the City pursuant to this section 8, SELLER
shall have the right to conduct the defense of any such claim or action and
ITB 21-0177 OEM Pads, Malntenance, and Repalrs
Page 38 of 70
all negotiations for its settlement or compromise and to settle or compromise any
such claim; however, City shall have the right to fully participaEe In any and alI
such settlement, negotiatlons, or lawsuit as necessary to protect the City's
interest, and City agrees to cooperate wlth SELI.ER in doing so. In the event City,
for whatever reason, assumes the responsipility for payment of costs and
expenses for any claim or action hrought against the City for infringement arising
under ihis Agreement, the City shall have the sole right to conduct the defense of
any such claim or action and all negotiations for its settiement or compromise
and to setfle or compromise any such claim; however, SELLER shall fully
particlpate and cooperate with the City in defense of such claim or action. Cfty
agrees to give SELLER timely written notice of any such claim or actton, with
copies of all papers City may receive relating thereto. Notwfthstanding the
foregoing, the City's assumption of payment of costs or expenses shall not
eliminate SELLER's duty to indemnify the City under this Agreement. If the
Deliverable(s), orany partthereof, is held to infringe and the use thereof is enjoined
or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, SELLER shall, at its own expense and as City's sole remedy,
either: (a) procure for City the right to continue to use the Deliverable(s); or (b)
modify the Oeliveraple(s) to make themlit non-Infringing, provided that such
modification does not materially adversely affect Clty's authorized use of
the Deliverable(s); or (cj replace the Deliverable(s} with eq�ally suitable,
compattble, and functionally equivalent non-fnfringing Deliverable(s} at no
additlonal charge to City; or (d) (f none of the foregoing alternat(ves Is reasonably
avallable to SEILER, terminate this Agreement, and refund all amounts paid to
SELLER by the Cfty, subsequent to which termination City may seek any and all
remedies available to City under law.
:� •�. •• ��-.•:��
Seller agrees that any and all analyses, evaluations, reports, memoranda, letters, ideas, processes,
methods, programs, and manuals ihat were developed, prepared, conceived, made or suggested
by the Seller for the City pursuant to a Work Order, including all such developments as are
origlnated or conceived during the term of the Conlract and that are compleled or reduced to writing
lhereafter (the "Work ProducY') and Seller acknowledges that such Work Product may be
considered "work(s) made for hire" and will be and remain the exclusive property of the City. To the
extent that the Work Product, under applicable law, may not be considered work(s) made for hire,
Seller hereby agrees that thls Agreement effectively transfers, grants, conveys, and assigns
exclusively to Buyer, all rights, titie and ownership interests, including copyright, which Seller may
have in any Work Product or any tangible media embodying such Work Product, without the
necessity of any further consideration, and Buyer shall be entitled to obtain and hold in its own
name, all Intellectual Property rights in and to the Work Product. Seller for Itselt and on behalf of its
vendors here6y waives any property interest In such Work Product.
•� � ���•
The Ciiy owns and operates a compuling environment and network (collectively the "Nelwork"). If
Seller requ(res access, whether onsite or remote, to the City's network to provide services
hereunder, and the Seller ls required to utilize the Internet, Intranet, email, City database, or otfier
network application, Seller shall separately execute the Ciiy s Network Access Agreement prior to
providing such servlces. A copy of the City's standard Network Access Agreement can be provided
upon request.
� � : � yiC�7.`_�
8uyer shall have the right to cancel this contract immediately for default on all or any part of the
undelivered poKion of this order if Seller breaches any of the terms hereof, including warrantles of
Seller. Such right of cancellation is in additio� to and not in Ileu of any other remedles, which Buyer
may have in law or equity.
ITB 21-0177 OEM Parts, Maintenance, and Repairs
Page 39 0( 70
1 � 11 \ : � \
The pertormance of work or purchase of goods under this order may be terminated in whole or in
part by Buyer, wlth or without cause, at any time upon the delivery to Seller of a written "Notice of
Terminalion" speci(ying the extent to which perFormance of work or the goods to be purchased
under lhe order is terminated and the date upon which such termination becomes effective. Such
right of termination is in additlon to and not in lieu of any other termination rights of Buyer as set
forth herein.
� � u � � : 1C�7�1
No interest, obligation or right of Seiler, including the right to receive paymeni, under this contract
shall be assigned or delegated to another entity without lhe express written consent of Buyer, Any
attempted assignment or delegation of Seller shall ba whol�y vold and totaliy ineffective for alI
purposes unless made in conformity with this paragraph. Prlor to Buyer giving Its consent, Seller
agrees that Seller shall provide, at no addifional cost to Buyer, all documents, as determined by
Buyer, lhat are reasonable and necessary to verlfy Seller's legal status and transfer of rights,
inlerests, or obligations to another entity. 7he documenls that may be requested include, but are
not limited to, Articles of Incorporation and related amendments, Certificate of Merger, IRS Form
W-9 to verify tax identiTication number, etc. Buyer reserves the right to withhold all payments to any
entity other than Seller, If Seller is not in compliance with this provision. If Seller fails to provide
necessary information In accordance with this sectfon, Buyer shall not be liable for any penaltles,
fees or interest resulting therefrom.
� �
No clalm or right aris(ng out of a 6reach of this contract can 6e discharged in whole or ln part by a
waiver or renuncialion of the claim or rlght unless the waiver or renunciatlon is supported by
consideration in writfng and is signed by the aggrieved party.
24.0 MODIFICATIONS
This contract can be modifled or rescinded only by a written agreement signed by both parUes.
25.0 THE AGREEMENT
In the absence of an otherwise negotiated contracl, or un(ess stated otherwise, the Agreement
between Buyer and Selier shall consist of these Standard Terms and Conditfons together with any
appllcable proposal documents pubiished by lhe Buyer and Seller's Response to such proposal
(the "contract documents"). This Agreement is intended by the parties as a final expression of their
agreement and is intended also as a complete and exclusive statement of the terms of their
agreement. No course of prior dealings between fhe parfles and no usage of trade shall 6e relevant
to supplement or explaln any term used in this Agreement. Acceplance of or acqulescence in a
course of performance under this Agreement shall not be relevant to determine the meaning of this
Agreement even though the accepting or acquiescing party has knowledge of the perFormance and
opportunity for objection. Whenever a term defined by the Uniform Commercial Code (UCC) is
used in this Agreement, the definition contalned in the UCC shali control. In the event of a conflicf
between the contract documents, ihe order of precedence shail be these Standard Terms and
Conditions, the Buyer's pubiished proposal documents and the Seller's response. if euyer and
Seller have otherwise negotiated a coniraci, this Agreement shall not apply.
� � .
This agreement shali be governed by the Uni(orm Commercial Code wherever the term "Uniform
Commercial Code" or "UCC" is used. It shall 6e construed as meaning the Uniform Commercial
Code as adopted and amended in lhe State of Texas. Boih parties agres that venue for any
litigation arising from this contract shali be in Fort Worth, Tarrant County, Texas. This contract shall
be governed, construed and enforced under the laws of the State of Texas.
ITB 21-0177 OEM Parts, Malntenance, and Repairs
Page 40 of 70
r � �� �� � •� �'6'�l
Seller shall operate hereunder as an independent Contractor(s) and not as an officer, agent,
servant or employee of Buyer. Seller shali have exclusive conirol of, and the exclusive right to
control, the details of ils operations hereunder, and all persons performing same, and shall be
solely responsible for the acts and omissions of its officers, agents, employees, vendors and sub-
vendors. The doctrine ot respondeat superior shall not appiy as between 8uyer and Selier, its
officers, agents, empioyees, vendors and sub vendors. Nothing herein shall be construed as
creating a partnership or Joint enterprise belween Buyer and Seller, its officers, agents,
employees, vendors and sub vendors.
:� s�� �� u. •�
28.1 L�A�ILITY - SELLER SHALL BE LIABL.E AND RESPONSIBI.E FOR ANY AND AL.L
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONA� INJURY,
INCLUDING DEATH, 70 ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER F2EAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
SELLER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES.
28.2 INDEMNIFIGATION - SELLER HEREBY COVENANTS AND AGREES TO INDEMNIFY,
HOLD HARMI.ESS AND DEFEND THE CITY (ALSO REFERRED TO AS eUYERJ, ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY
AND ALL CIAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL
OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
AILEGED DAMAGE OR LOSS TO SELLER'S BUSINESS, AND ANY RESULTING
L057 PROFITS) PERSONAI INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, AND DAMAGES FOR CLAIMS OF INTELLECTUAL PROPERTY
INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH TH(S AGREEMENT,
TO THE EXTENT CAUSED BY THE ACTS OR OMISSIONS OF SELLER, ITS
OFFICERS, AGENTS, SUBCONTRACTOR(S)S, SERVANTS OR EMPLOYEES.
29.0 �VERABIIITY
In case any one or more of the provisions contained in this agreement shall for any reason,
be held to be invaiid, illegal or unenforceable in any respact, such invalidity, illegality or
unenforceabiliiy shall not affect any olher provislon of this agreement, which agreement shall be
construed as if such Invalid, illega( or unenforceable provision had never been contained herein.
�� .�� u �.
In the avent no tunds or Insufflclent tunds are appropriated and budgeted in any fiscai period for
payments due under this contract, then Buyer will immediataly notify Selier of such occurrence
and ihis contract shali be terminated on the last day of ihe fiscal period for which funds have been
appropriated without penalty or expense to 6uyer of any kind whatsoever, except to the portions
of annual payments herein agreed upon for which funds shall have been appropriated and
budgeted or are otherwise available.
31.0 ":OTICES TO PARTIES
Notices addressed to Buyer pursuant to the provisions hereof shall be conciusively determined to
have been delivered three (3) business days following the day such notice is deposited in the
United States mail, in a sealed envelope with sufficient postage attachod, addressed to
Purchasing Manager, City of Fort Worth, Purchasing Dlvision, 200 Texas Street, Fort Worth,
Texas 76102. Notices to Seller shall be conclusively determined to have been delivered three (3)
business days following the day such nolice is deposited in the United Stales mail, in a sealed
envelope with sufficlent postage attached, addressed to the address given by Seller in its
response to Buyer's invitation to proposals. Or if sent via express courier or hand delivery,
noiice is considered received upon delivery.
I7B 21-OU7 OEM Parls, Mainlenance, and Repairs
Page 41 of 70
1 ��� � : U �: •�
This contract is made and entered into with reference specitically to Chapter 17, Article III,
Divislon 3("Employment PracOces"), of the City Code of the Clty of Fort Worth (1986), as
amended, and Seller hereby covenants and agrees that Sefler, Its employeos, officers,
agents, vendors or sub vendors, have fuily complled with all provisions of same and that no
employee, participant, applicant, Contractor(s)or subconlractor(s)has been discriminated against
according to the terms of such Ordinance by Seller, its employees, officers, agents,
Contractor(s)or sub vendors herein.
� uu •. .: '"_
City actively supports the Immigration & Nalionality Act (INA) which includes provisions addressing
employment eligibility, employment veriAcation, and nondiscrimination. Vendor shall verify the
Identity and employment eligibility of ail employees who perform work under this Agreement,
Vendor shall complate the Empioyment Eligibility Verification Form (I-9), maintain photocopies of
all supporting empioyment eligibility and identity documentatlon for all employees, and upon
request, provide Clty with coples of all I-9 forms and supporting e1lglhility documentation for each
employee who performs work underthis Agreement. Vendor shall establish appropriate procedures
and controls so that no services wili ba perFormed by any employoe who is not legally eligible to
perform such services. Vendor shall provide City wlth a certification letter that it has complied with
the verificalion requirements requlred by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of ihis provision. City shall have the right to immediately
lerminate this Agreement for violations of this provision by Vendor.
• � a�• � :��u � e u �
Services, products, materials, and supplies provided by the Seller must meet or exceed all
applfcable health, safety, and the environmental laws, requirements, and standards. In addition,
Seller agrees to obtain and pay, at its own expense, for all Iicenses, permits, certiticates, and
inspections necessary to provide the products or to perform the services hereunder. Seller shall
indemnlfy Buyer from any penalties or liabilitfes due to violailons of this provislon. Buyer shall
have the right to immediately terminate this Agreement for violations of this provision bySeller.
� • .
Seller agrees that the Buyer, or Buyer's authorized representative, shall, untfl the expiralion of
three (3) years after final payment under this contract, and at no additional cast to Buyer, have
access to and the right to examine a�d copy any directly portinent books, computer disks, digital
fiies, documents, papers and records of the Seller involving transactions relating to this contract,
including any and all records maintained pursuant to Section 31 of this Agraement. Seller agrees
that the Buyer shall have access, during normal working hours, to all necessary Seller facilities,
and shall be provided acJequate and appropriate workspace, in order to conduct audits in
compliance wilh the provisions of ihis section. Buyer shall pay Seller for reasonable cosls of any
copying in accordance with tha standards set forlh in the Texas Adminisirative Gode. The Buyer
shall give Seller reasonable advance written notice of intended audlts, but no lass than ten
(10) business days.
. � � s:
In accordance with the provisions of the Americans With Disabilities Act of 1990 (ADA), Seller
warrants that it and any and all of its sub Vendors wiil not unlawFully discriminate on the basis of
disabllity in the provision of services to general public, nor In the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Seller or any of ils
sub vendors. Seller warrants it will fully compiy with ADA's provisions and any other applicable
federal, state and local laws concerning disabiiity and will defend, indemnify and hold Buyer
harmisss agalnst any claims or allegations asserted by third parties or sub vendors against Buyer
arising out of Seller's and/or its sub vendor's alleged failure to comply with the above•referenced
laws concerning disability discriminatlon In the performance of this agreement.
ITB 21•0177 OEM Paris, Ma6itenance, and RepaUs
Page 42 of 70
� . . .,
If elther Buyer or Seller has a claim, dispute, or olher matter in question for breach of duty,
opligations, services rendered or any warranty that arises under this Agreement, the parties shall
first atlempt to resolve the matter through this dispute resolutlon process. The disputing party shail
notify the other party in writing as soon as practicable after discovering the claim, dispute, or
breach. 7he notice shall state the nalure of the dispute and list the party's specific reasons for
such dispute. Within ten (10) business days of receipt of the notica, both partias shall make a
good falih effort, either through emali, mall, phone conference, in person meetings, or other
reasonable means to resolva any claim, dispute, breach or other matter in question that may arise
out of, or in connection with this Agreement. If lhe parties fail to resolve lhe dispute within sixty
(60) days of the date of receipt of tha notice of lhe dispute, then the parties may submit the matter
to non-binding medlalion upon wrltten consent of authorizad represeniatives of bolh parlies In
accordance with the Industry Arbftration Rufes of the American Arbitration Association or other
applicable rules governing medlalion fhen in effect. If the parties cannot resoive the dispute
through mediation, then either party shall have the right to exercise any and all remedies available
under law regarding the dispute.
38.0 PROHIBITION ON CONTRAC7ING WITH COMPANIES THAT BOYCOTT ISRAEL
Selier acknowledges that in accordance with Chapter 2270 of lhe Texas Government Code, the City
is prohlbited from entering into a contract with a company for goods or services unless the contract
coniains a written verificalion from the company that it: (1) does not boycott Israel; and (2) wlll not
boycott Israel during the term of the conlract The terms "boycott Israel" and "company' shall have the
meanings ascribed to those terrns in Sect(on 808.001 of ihe Texas Government Code. By signing
thls contract, Seller certifies that Seller's signature provides written verification to the Citythat
Seller: (1) does not boycott Israel; and (2) wili not boycott Israel during the term of the contract.
Revised August37,2017.
ITB 2�-0177 OEM Parts, Mainlenance, and Repalrs
Page 43 of 70
PART IV
ATTACHMENTS
ATTACHMENT-A
CONFLICT OF INTEREST DISCLOSURE
Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or
seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity
(i.e. The City of Fort Worth) must disclose in the Questionnaire Forms CIQ ("Questionnaire") the person's
aftiliation or buslness relationship lhat might cause a conflict of interest with the local governmental ent(ty.
By law, the Questionnaire must be tiled with the Fort Worth City Secretary no later than seven days after
the date the person begins contract discusslons or negotiations with the C(ty, or submits an application or
response to a request for proposals or bids, correspondence, or another writing related to potenlial
agreement with ihe City. Updated Questionnaires must be filed in conformance with Chapter 176.
A copy of the Questionnaires �orm CIQ is enclosed with submittal documents. The form is also available
at httos:/Iwww efhics state.tx.usldatal(orms/conflicVCiQ.pdf
If you have any questlons about compliance, please consult your own legal counsel. Compllanca is the
individual responsibllity of each person or agent of a person who is subject to lhe filing requlrement. An
offense under Chapler 176 is a Class C misdemeanor.
NOiE: Ifyou are not aware of a Conflict of Interest in any business relationship that you might have
with the City, state Vendor name in the # 1, use NIA in each of the areas on the form.
However, a siqnature is requlred in the #7 hox in all cases.
ITB 21-0177 OEM Parts, Maintenance, and Repalrs
Page 44 of 70
CONFLICT OF WTEREST GIUESTIONNAIRE FORM CIQ
For vendor doing business with locai governmental entity
This questiannalre rellecis changes made to fhe lew by H.B. 23, 84th Leg., Pegular Session, OFFICEUSEONLY
This ques0onnalre is being filed in 4ccordance wilh Chapter 176, Local Government Code, by a vendor u/no pate Received
has a buslness relalionship as delfned by Section 176.001(1-a) vrilh a Iocal governmenlal entily and Ihe
vendor meets requlrements under Seclion 176.006(a).
8y law this questlonnalre must be filed w11h Ihe records adminlslraior of the local flovernmenlal entity nof later
than ihe 7th business day after Ihe date the vendor becomes aviare of facts ihat requlre Ihe statement to 6e
flled. See Secilon 176.00G(a-1 j, Locai Govemmen[ Cotle.
A vendor commils an offense It Ihe vendor knowingry vioiates Section 176.006, Local Government Gode. An
oflense under this secllon Is a misdameanor.
1 Name otvendorwho has a business relatlonship wflh local governmental entity.
2 � Checkthisboxffyouarefilinganupdatetoapreviouslyiiledquestionnaire.(Thelawrequiresthatyoulileanupdated
completed questionnaire with (he approprlate liling authorlty noi later than (he 7th business day atter the date on which
you became aware Ihat the originaliy filed questionnaire was Incomplete or inaccwate.)
3 Name ot local government ofticer about whom the Iniormation is being diselosetl.
Name of Officer
4 Describa each employment or other business relallonship with the local government officer, or a tamily member of the
oiticer, as descri6ed by Section 176.003(a)(2)(A). Also describe any tamily relattonship wlth the local government ofltcer.
Complete suhparts A and B for each employment or business relatfonship descrihetl. Atlach addiUonal pages to ihis Farm
CIQ as necessary.
A, Is iho Iocal government oflicer or a family member oi the otficer receiving or �ikely to receive taxable income,
other than investment income, from the vendor?
� Yes � No
B: Is Ihe vendor recelving or �ikely to receive taxable income, other than investmenl income, from or at the direction
of (he Iocal government officer or a family member of ihe olffcer AND ihe iaxable Income is not received from the
local governmental eniity7
aYes � No
5 Descrlbeeachemploymentorbuslnessrelationshipthatthevendornamedin5ec11on1mainlainswithacorporalfonor
olher business entfty with respec[ to which the local government officer serves as an officer or dlrector, or hoids an
ownership interest of one percent or more.
6
❑Check this box if the vendor has given the local govornment olflcer or a family member of Ihe officer one or more glfts
as descrlbed In Section 176.003(a)(2)(B), exciuding gi(ts descri6ed (n SecUon 176.003(a-i).
7
SlgnaNre of vendor doing business wlth Ihe govemmenlal eniity Date
. ., „ e,,,� �,�,��� r.,MMi���,,,, IT8 27-0177 OEM Parts, Maintenance, and Repalrs R„N,P,t 111nn�a
www.elhics.state.&.us rage ao or ro
CONFUCT OF INTEREST QUESTIONNAiRE
For vendor doing business with local governmental entiiy
A complete copy of Chapter 176 of the Local Government Code may be found at http;/lwww.statutes.legis.state.tx.us/
Docs/LG/h1m/LG.176.htm. For easy reference, below are some of ihe sections c(ted on this form.
Local Government Cade 6176.001(1-a�: "Business relationship" means a connection between two or more parlies
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a iransaction that is subject to rate or fee regulation by a(ederal, state, or local governmental entity or an
agency of a federai, state, or local governmentai entity;
(B) a iransaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or servicos from a person that is chartered by a state or federal agency and
that is subject to regular examination by, and reporting to, that agency.
Local Government Code S 176.003(a1(21(A) and B):
(a} A(ocal governmant oificer shall file a conflicts disclosure statement with respect to a vendor if:
(2) thevendor:
(Aj has an employment or other business relationship with the local government officer or a
family member of the oificer that results in the officer or family member receiving taxable
income, other than lnvestment income, ihat exceeds $2,500 during the 12-month period
preceding the date that the o(ficer becomes aware that
(i) a contract between the local governmental entiiy and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) hasgiventothelocalgovernmentoNicerorafamilymemberofiheofficeroneormoregifts
that have an aggregate value of more than $100 in the 12•month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) �he local governmental entity is considering entering into a contract wilh the vendor.
Local Government Code S 176.006(a) and (a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if ihe vendor has a business relailonship
with a local governmental entity and:
(1) has an employment or other business relalionship with a locai government ofticer of that local
governmenial entity, or a family member of the ofiicer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of tliat local governmental entiiy, or a family member of the
oNicer, one or more gifts with ihe aggregate value specified by Section 176.003(a)(2)(B), excluding any
giit described by Section 176.003(a-1); or
(3} has a family relationship with a local government oHicer of that local governmental entity.
(a-1) The completed conilict of interest questionnaire must be filed wlth 1he appropriate records administralor
not later than lhe seventh business day after the later of:
(1j the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the loca) governmental
entity; or
(8} submits to the Iocal governmental entity an application, response to a request for proposals
or bids, correspondence, or another writing relaied to a potential contract with the locai
governmental eniity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship wiih a local government oHicer, or a
family member of ihe officer, described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
..,.»,_.�,.,.�..., ITB
oe,,,�ea v�nro�
wv�w.ethics.State.Ix.us Page 46 of 70
ATTACHMENT - B
BIDpER'S CONTACT INFORMATION
Vendor's Name: J �
Vendor's Local Address: �1 „_ W�
Pnone: � 10 - 5 d-L, � o t g 1
Email: M C6 �!`��n�rC
�
Fax:
Name of persons to contact when`placin an order or billing queslions:
NameRitle �1 '� C�ty� 1 � 6� n � l n 1'
Phone: � �o -5d b -a l $1 Fax:
'_ , _ _ -- r . \ � _
Phone:
Phone:
c..,..a. i
Fax:
Fax:
,�n � C�,� C-���
Printed Name
U
�
_-�y ,rtx �8-��g
.�' �
ITB 21-0177 OEM Parts, Maintenance, an6 Repairs
Page 47 af 70
ATTACHMENT-C
CONSI�ERATION OF LOCATION OF 81DDEF2'S PRINCIPAL PLACE OF BUSINESS
Sectlon 2-14 of the Fort Worth Code of Ordinances authorizes the Cfty Council, when considering
competitive sealed bids, to enter into a contract for certain purchases with a hidder whose principal
place of business Is In the corporate limits of the City of Fort Worlh and whose bid is wlthin 3 or 5
percent of the lowest bid, depending on the value of the request and goods or services requested,
if the lowest bid is irom a business outside the municipality and contracting wfth ihe locai biddsr
would provide the best combfnalton of price and other economic benefits to the municipality.
Requests to be considered a local business must be submitted on this form with bid packages to be
considered by the City of Fort Worth. Questions should be addressed to the Purchasing staff Iisted in ihe
bid or request package.
The Fort Worth Cily Council requires the following information for consideration of location of a bidders
principal place of business. Add additional sheets if needed to provide this Information.
1. Locatlonal Eligi6ility: Principal Place of Business in Fort Wor[h, Texas.
Do you have a Fort Worth o�ce? If yes, identity address:
b. What percentage of estimated gross company sales (worldwide) are sales originating in Forf
Worlh? "Orlginating in Fort Worth" shail mean payable at the Fort Workh office.
[Must exceed 50%]
2. Economic Development opportunitles resulting from contract.
a. Number of Fort Worth resident-employees7
b. Amount of City of Fort Worlh ad valorem taxes (real and business personal property) paid by
company (for prior tax year — Fort Worth office or former location, if Fort W orlh office is newly-
established)7
CerflFlcation of information:
Ms c- .
ITB 21-0177 OEM Pads, Malntenance, and Repalrs
Page A8 of 70
The undersigned does hereby affirm that the information supplied is true and correct as of the date
hereof, under penalty of perJury.
ATTACHMENT � D
REFERENCE SHEHT
Please complete and return this form with your bid.
The Vendor shall furnish references for at least three (3) recent customers to whom products and/or
services have been provided that are simiiar to those required by this sollcltation.
The City wlll be the sole j�dge of references. Please use additional sheets If necessary.
1. Company's Name
Name of Contact
TiUe of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
2. Company s Name
Name of Contact
Title of Contact
Present Address
City, State, Zip Code
Telephone Number
Emall
3. Company's Nama
Name of Contact
Tltle of Contact
Present Address
City, State, Zip Code
Telephone Number
Email
ITB 21-0177 OEM Pads, Mainlenance, and Repalrs
Page 49 of 70
ATTACHMEN7 — E
HOW TO REGISTER WITH 7HE CfTY OF FOR7 WORTH
There are two ways that any business can bid on an event with the City of Fort Worth
• Access htto•ll(ortworthtexas qovlpurchasinq/ and view listed Bids & Requests without registering.
• Register to become a Bidder (A bidder Is someone that wishes to start doing business with the
Ciry of Fort Worth)
'La _In
Step 2— On the right side in fhe PeopleSoft Supplier Portai — Select Registralion
Step 3— Select "Register as a Bldde�" — Register Now
The field with the asterisks are required.
Step 4— Under Select Activity 8elow — select Business or Individual
Step 5— lJnder Unique ID(W-9/TIN Identiflcation Number)& Company Protile:
Enter the following:
a) W-9(fIN Number - no dashes
b) legal Ent(ly Name — Generally found on line 1 of your W-9. This name
must matched your W-9/TIN numher and 6e registered wilh the IRS. To
Iist a DBA use iha additional name fleld.
Step 6— l)nder Profile Questions
*"*'"These fields are not text fields""'"
Complete the followfng questions by using the calendar and magnifying glass accordingly for
each question. If you are not certain, please answer to 1he best of your knowledge.
Step 7— Under Standard Industry Codes (These codes wlll used by the City to notify yau
for purchasing opportunitles so please choose as many categories that are associafed
with your company to ensure you w!Il receive these)
Select the fo�lowing:
a) S1C Code Type — Use dropdown and select UNSPSC
b) Category Code — Select magnifying glass
c) Lookup Category Code — Under SIC Code Type — Description change
"Begins With"to "ConEains" and input a key word that wouid be
assocfated to your companys buslness. This will give you a Iisting of the
categories the City has to choose from.
Step 8— Under Prlmary Address — Complete the
a) Country
b) Address Lines
c) City
d) County
e) Postal
1T6 2�-0177 OEM Parts, Malntenence, and Repairs
Page 50 0(70
PeopleSoft Supplier Portal
f) State
g) Email ID ( Emall Address)
Step 9— Under OtherAdd�esses — Check any olher addresses that correspond to your
business needs, such as if you use a different remit to address from your primary address.
Step 10 — Under Company Contacts — Select the Add Contact, Primary Contact — Enler the
following:
a) First Namo
b) Last Name
cj T1tIe — Current Job TiUe
d) Email ID — Email Address
e) Telephane
f) Fax
g) ConFact Type {not a text field, please use the drop down to select)
Step 11 - Under User Profile Informafion — Enter the tollowing
a) Requested User ID — Create a Usemame
Please do not use specfal characters in the
username such as &,#,$.
b) Enter Descriptlon — Current Job Title
c) Language Code
d) Time Zone
e) Currency Code
Step 12 — Review email address - Under Terms and Condifions — Select the Terms and
Agreement Hyperlink - Seiect the box to accept the Terms
Step 13 — Click Submit
ITB 27-0117 OEM Parls, Malntenance, and Repairs
Page 51 of 70
ATTACHMEN7F
AUTOMATED INVOICE PROCESSING
Please inciude the following on the subject line of your e-mail: vendor name, invoice number, and PO
number, separated by an underscore (ex: Example, Inc._123456_FW013-0000001234)
To ensure the system can successfully process your invoice In an expedient manner, pleasa adhere to lhe
following requirements:
• All invoices must be either a PDF or TIFF format.
• Image quality must be at least 300 DPI (dots per inch).
• Invoices must be sent as an attachment (i.e. no involce in the body of ihe emall).
1T8 21-0177 OEM Patls, Malntenance, and Repalrs
Page 52 0( 70
Effeclive "Go live date" for each department stated above, sand invoices elecfronically to our centralized
Accounts Payable depariment Invoice email address: suoolierinvoices(a�forlworthtexas.qov. This email
address is not monitored so please do not send correspondence to this emaii address. The sole purpose
of the supplier invoices email address Is to receipt and process supplier invoices.
. One invoica per attachment (Includes PDFs). Multipie attachments per emali Is
acceptable but each involce must be a separate allachment.
• Please do not send handwritten invoices or invoices ihai contain handwritten notes.
• Dot mairix invoice format is not accepted.
. The invoice must contain the following Information:
. Supplier Name and Address;
• Remit to Supplier Name and Address, If differenh,
• Appllcable Cfty Department business unit# (i.e. FW013j
• Complete City of Fort Worth PO number (i.e. the PO number must contain all
preceding zeros);
• Invoice number;
Invoice date; and
• Involces should be submitted after delivery of the goods or services.
*"To prevent invoice processtng delays, please do not send invofces by mail and email and pfease
do nof send ihe same invofce more than once by email to suppllerinvaices@fortworthtexas.gov'**
To check on fhe status of an invoice, please contact the City Department ordering the
goods/services or the Centra! Accounts Paya6le Department by emaif at:
ZZ FIN AccountsPavableiUfortworthtexas.aov.
If you are unabla to send your invoice as outlined ebove at this time, please send your invoice to our
centralized Accounts Payable department instead of directly to the individual cily department. This will
aliow the city staff to digitize the invoice for faster processing.
If electronic involcing is not possible, you may send your paper invoice to:
City of Fort Worth
Attn: FMS Central Accounts Payable
200 Texas Street .
Fort W orth, Texas, 76102
The city's goal is to receive 100% of Invoices electronically so that all supplier payments are processed
efficientiy. To achieve this goal, we need your supporti
If you have any questfons, please contact the Accounts Payable team at (817) 392-2451 or by email to
ZZ FIN AccountsPavable@fortworthtexas.qov.
IT8 21-0177 OEM Parts, Malntenance, and Repairs
Page 53 of 70
ATTACHMENT — G
NO BID SHEET
If your firm has chosen nol to submit a bid (or this procurement, please complete this form and submit to:
Megan Fowler, Buyer
Purchasing Division
C(ty of Fort Worth, 200 Texas Street
Fort Worth, Texas 76102
Fax No. 817-392-8440
E-mail add�ess: FMSPurchasingRespanses@forlworthtexas.gov
Please check ihe items that appiy:
� Do notse(I the item(s) required.
� Cannot be compatitive.
� Gannot meet the Specificallons highlighted in the attached Bid.
� Cannot provide insurance required.
� Cannot provide Bonding required.
� Cannot comply wilh Indemnification requirements.
� Job too large.
� Job too small.
aDo not wish to do business with the City.
� Otherreason.
Name:
Authorized Officer or Agent Signature:
Telephone: (_) FAX Number: ( )
IT8 2�-0177 OEM Parls, Malntenence, and Repairs
Page 54 of 70
A7TACHMENT H
DETAILED BID SPECIFICATIONS
1.0 INTENT
1,1 The intenl of these specifications is to describe the minimum requirements necessary to establish
an annual agreement with qualified vendors to provide OEM Dresser-Rand, OEM Vilter and OEM
Mycom patts, maintenance, and repairs on an as needed basis for the Water Deparlment.
1.2 The equipment is located at the Fort Worth City Village Creek Water Reclamalion Facility
(VCWRF) 4500 Wi�ma Lane, Arlington, TX 76012. The Dresser-Rand and Vilter compressors are
gas fed from the anaerobic digesters.The Mycom gas compressors are fed natural gas and after
being compressed the gas is used to oparate the gas turbines.
1.3 The awarded vendor shall provide all labor, equipment, material, paKs, and repairs.The vendor
shail aiso perform annual preventative maintenance Inspections (PMI) and provide a detafled
document of the findings and the recommended repairs.
2.0 EQUIPMENT
2.1 Two {21 D�esser- R2nd
Model: SSP-150CI Campressors
Serial Number: X1SSVL128
Serlal Number: X1SSVL127 Date: 1997
2.2 One (1) Vilter Screw Gas Compressor
Model: VSG1501CIHSTDSOV
F4TiF.71Ri1'ii1Ta7[ff:Ya
Order Number: 5109323
2.3 Two !2) Mycom Flooded Screw Compressor
Model: G200 SUD-M
Serial Number: 20854023
Date: 02-2001
3.0 VENDOR SHALL MEET THE FOI.LOWING REQUIREMENTS
3.1 Contractor shall be able to perform an annual Preventative Maintenance Inspection (PMI) on the
Compressors listed under section 2.0, page 55 "Equipmenf' and all of its auxiliary components
including but not limited to motors, pumps, coalescer filters and strainers that are required for the
compressor ta perform efficienUy.
3.2 Upon execution of the contract the PMI should take place on a quarterly basis after setting up a
time with the Senior Water Systems Mechanlc.
ITB 21-0177 OEM Parls, Maintenance, and ftepalrs
Page 55 0/70
3.3 The PMI includes but is not limited to:
3.3.1 Checking oll levels
3.3.2 Checking all gauge and temperature readings
3.3.3 Checking Micronfcs oil filter's inlet and outlet pressures for excessivepressure drop
3.3.4 Change filter when pressure drop exceeds 15 psl or every six months whichever occurs first
3.3.5 Check Slrainers each time filter cartridge Is replaced
3.3.6 Check compressors sound for abnormal noises
3.3.7 Check shaft seals for excessive oil drippage. A smaii amount of olI leakage is normal, this
allows lubrication of the seal faces
3.3.8 Check oil pressure and compare to lhe log sheets
3.3.9 Oil all motors and bearings according lo the manufacturer's instructions on lubrication
3.3.10 Check calibration and operatlon of ali controls inciuding lhe safety controls
3.3.11 Check oil cooler for any ovidence of corrosion, scaling or other signs offouling
3.3.12 Check movement of compressor main rotor at the drive coupling end to determine bearing float
3.3.13 Check entire system thoroughly for leaks
3.3.14 Remove all rust from equipment, clean and paint
3.3.15 Flush out sediment from water circuits
3.3:16 Clean oil strainer
3.3.17 Clean suction strainer to compressor
3.3.18 Check motors and fans for shaft wear and end play
3.3.19 Check operation and general condition of eleclrical conirols
3.3.20 Clean water strainer
3.3.21 Check dralns to make sura water will flow away from equipment
3.3.22 Drain and clean entire oil system at receiver drafn
3.3.23 Recharge with newclean moisture free following the manufacturers instruction
3.3.24 Check compression coupling
3.3.25 Check oil pump for wear
3.3.26 Check all gauges for accuracy
3.3,27 Check mounling bolts for compressor and motor
3.4 Vendor shall provide OEM Dresser-Rand, OEM Vilter, and OEM Mycom parts.
3.5 Vendor shall include detalled report on the perFormanca of each individual compressor using a
performance curve to track lhe efficiency and pertormance of the compressors.
3.6 Vendor shall provide a Iist of certified technicians to perform repairs, inspections and required
maintenance. Copies of the assigned techoician's certiflcations or licenses must be submitted
with bfd response.
3.7 Vendor shall submit a flnai report within (5) days of site visit.
3.7.1 Vendor shall submit description of recommended repairs in the final report, including an esilmated
duration of the repair, required space and accommodations needed for the repairs.
3.8 Vendor must be able to perform repairs on site unless the repair require a large overhaul that
the piece of equipmenl would need to be shipped out and rebuilt at the contractors shop.
3.9 Vendor shall be able to perform, Ihermal infrared imaging and inspection when required.
I76 21-flt77 OEM Paris, Maintenance, and Repairs
Page 56 of 70
ATTACHMENTI
VENDOR QUALIFICATION QUESTIONNAIRE
1. Date your company was established?
2. Suppllers years of knowledge and expertise instailing and providing PM to equipment listed in
Section 2.0, Page 55: o s•
3. Techniclans years of knowledge and experience of Installing and providing PM to the equipment
listed in Section 2.0, Page 55; ��
4. Do ihe goods being submitted meet the requirements listed In Section 3.0, Pages 55-56 of the
detailed bid.specifications found in Atfachment H? ,�. Please explain why If answered no.
5. Is this supplier able to provlde the Tull parts and labor warranty with full preventative maintenance as
Iisted in section 3.0, Pages 55-56 of the detailed bid specifications? �. Please explain on
a separate piece of paper why if answered no.
6. If the suppiier answers "Yes" for the questions listed in lhis section, supplier must attach separate
sheels, wlih a brief description or explanation of the answer and provide pertinent contact
information (parties' names, addresses and telephone numbers).
Has the supplier ever defaulted on a contract? Q Yes �No
Are there currently any pending judgements, claims or Iawsuits against ❑ Yes�l,No
lhe Supplier?
Does Supplfer currently have any pending claims, judgements or lawsuits ❑ Yes�No
against any prlor client?
Is the supplfer or its principals involved in any bankruptcy or � Yes �3, No
reorganization proceedings?
Has the supplier had to respond to a CAR (Gorrective Action Report)? ❑ Yes�No
Is your company able to provide a quarlerly PMI as stated In Section 3.0, Pages 55-56? �.
Please explaln on a separate piece of paper why if answered no.
IT8 21-0177 OEM Parts, Malntenance, and Repalrs
Page 57 of 70
A7TACHMENT K
DOCUMENTATION CHECKLIS7
'Bidder shall comp(ete the below to aid in responsfveness'
_ _ � _
�,aui�„red [5oe�,�ment ,QQgµm,gqt���,�}d7 Xg�INo �gqQYJum6e�/sl of B�d Rescfonse
-, •Answer�n No nt1 res,�ilt In *�itic�er wlil h�ed ta nUinbeC thair:
fl.. Y
_ �a�lUre to,be awarded" bid reSpdn@e in t�k
A Signed City of Forf Worth 1, Q 5
Bid Offer l
Attachment A - Confiict of � �s
Interest
Attachment B •Bidder's � QS
Contact Information
Attachment C - Consideration
of Location of Bidder's ��25
Principal Place of Business
Aftachment D — Completed
Reference Sheet �'�
Attachment 1- Qualification
Questionnaire
��
Copy of the Asslgned
Technicfans' Certifications 4 e S
orLicenses �
A Lelterfrom lfie
Manufacturer Stating that t , � �
the Parts Provided will be ���
OEM
Any Addendums Sent Out ��
After the Release of the Bid
ITB 21-0177 OEM Parts, Mainlenance, and Repalrs
Page 70 of 70
EXHIBIT B
PAYM�NT SCHEDUL�
[INSERTED BEHIND THIS PAGE]
Vendor Services Agreement Page 12 of 12
FORT WORT �
� CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWO1-21-0177 3
Event Round � Version Submlt To: Clty of Fo�t Worih
y y FINANCIAL MANAGEMENT SERVICES
EveN Name � � FINANCE - PufChasing
ims oem ea�ts Ma��ee�ao�e and x a�zs 200 Texas St. (Lower Level, Soufh)
Start Tlma Finish Time FoA Worih TX 7fi102
�/ze zo2i oe:oo:oo car oe ia i zozi 13:30:00 CDT UnitedStates
Emall: FMSPurchasingResponses@tortworthtexas.gov
Line Detaiis
Line: 1
Descriptlon• Qty Unit UnitPdce Total
MYCOM MAIN eEARiNG N-TYPE 2005/L 1.00 EA
PART NUMBER:CS02700-200N
�� � 7. �
Line: 2
Descriolion• ot Unit UnitPrlce Total
MYCOM SIDE BEARINCy N�NPE 2005/L 1.00 EA
PARTNUMBER:CS02800�200N ��j'6�� 386:�
Line: 3
Descrfption: Qtv Unit UnitPrice Total
MYCOM BALANCE PISTON 200SIL 1.00 EA
PART NUMBER: CS0300-E � 2 5 y—� �' v-L�
J
Line: 4
Description• QW Unit UnitPrice Total
MYCOM BALANCE PISTON SLEEVE 200S/L 7.00 EA
PART NUMBER: CS0330•E ` Q� Q,� � j�}�
u S LISa � 1-�)--�
Line: 5
Descri tion• Qtv Unit UaitPdce Tatal _
MYCOM THRUST BEARING N•TYPB 2005l17393 2•oo EA 1�6 9�. � �b .a
PAR7NUMBER:CS0380E
Line: 6
Description• �lv Unif U�IfPrice Total
MYCOM LOCK NUTANI3 2_00 EA
PART NUMBER: NG3700-13 �j 1 L1�
v� l) I__i_I—,� �-1
Llne: 7
Descriptlom atv Unit UnIlPrlce 7otal
MYCOM LOCK WASNERAW13 2.00 EA
PART NUMBER: NG3200•13 C� ( � $ g'
J
Line: 8
Descriptlom Qtv UNt UnitPrtce Total
MYCOM SPACER: THRUST BEARING , 200SlL 2.00 EA r
PARTNUMBER:CSO42�E � a6 .�a 7 J3, �
ITB 21•0177 OEM Parls, Malntenance, and Repairs
Page 3 of 70
F�ORT W`O�RT a
'T' CITY OF FORT WORTH BID OFFER
Evant ID �� �� Page Invtted: PUBLIC EVENT DETAILS
CFWO1-21-0177 9
Event Round Version Submit To: City of Fort Worlh
i i FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchesing
xra oem eares naintenance and ae airs 200 Texas St. (Lower level, South)
Start Tlme Flnish Time Fort Wohh TX 76102
o� zo 2ou oo•oo:oo co oa iz zo2i 13:30:00 C�T United States
Email: FMSPurchasingResponses@fortworthtexas.gov
41na: 9
Descflp0on� QlY Unit UntfPrice Total
MVCOM IOCK WASHER KI7 (8 PCS)200 SIL 1.00 EA
PART NUMBER: CSU489•E C, �, G a S� � 5�
tJ iJ
Line: 10
Descriptlon: Qtv Untt Un(tPrice Tatal
MYCOM OII. SEAI. 2005/l LUP (TEPION) 1.00 EA
PART NUMBER: CS050bEV . 1 1 CS , � b,Q�
f e 1S u
Line: 11
nescripQon• Qlv Unit Uni(Price Total
MYCOM TEFLON CAP SEAL 200 S1L BEt25 1.00 EA p
PART NUMBER: CSOB60-E $ � ,—) ,d O � '� ,d
Line: 12
bescriptlom QN Unit UnitPrice Total
MYCOM LOCK NUT AN07 1.00 EA p
PART NUMBER: NG3100-07 t O• o � O,�
Line: 13
Oescd Han: 4t Unit UnilPrice 7ota1
MYCOM LOCK WASHERAW�7 1.00 EA
PART NUMBER: NG3200-07 �l I 1 C � 5
OC `i �
Line: 14
Descriutiorr Qlv Unit UnitPrice Total
MYCOM BALL BEARING p8000 1.00 FA
PART NUMBER: CS0780-E �Q �a
U
Line: 15
Descrl tion; QN Unit UnitPrice Total
MYCOM STOP RING AXIS S70 7.00 EA
PAR7 NUMBER: NG1200�010 Q.� �, �
Line: 16
Description' Qtv Unit I1nitPrtce Total
MYCOM V-RINO TEFLON VH10 VITON 7.00 EA
PART NUMBER: CS0820-EV 3.( I 3(
�p
Line: 17
PARY NUMBER:
`�,1� � 9,b�
ITB 21-0177 OCM Parts, Malntenance, and Repairs
Page 4 of 70
FORT WORTHn
"�J CITY OF FORT WORTH BID OFFER
Event ID Paga Invlted: PUBLIC EVENT DETAILS
CF4701-21-01�7 _„_ 5
Event Round Varslon SuBmit To: City of Fort Wotth
1 1 FINANCIAL MANAGEMBNT SERVICES
Event Name FINANCE - Purchasing
xma oem eazts bfaintenance and Re aic 200 Texas St. (Lower level, South)
Start Tlme Finish Time Forl Worth TX �6102
o� ae zozi os:oo:oo or oe i2 zou 13:30:00 WT UnitedStates
Email: FMSPurchasingResponsesQfottworthtexas.gov
Llne: 18
Descriptlon• Qlv UNt UnIIPHce Total
MYCOMGUIDEBLOCKASSY200SlI. 1.00 EA
PART NUMBER: SC0807-E �:,1 (� b a, 3
1 �v���
Llne: 19
Dascriplion� aN Unit UNtPdce Total
MYCOMMECHANICALSEALA5SY80SBUNA200S/l 1.00 EA
PART NUMBER: CS1000-EV �,$ �Q (� �1 Q�a.O
Oto
Line: 20
Descripllon• Qtv Unit UnitPrice Total
MYCOM O'RING VITON JW15'i6 WP40 1.00 EA
PART NUMBER: PC1516-040 �� '��' � 'ag
Line: 21
Dascdntian• Qtv Un(t UNtPrtce Total
MYCOM O'RING VITON J82401 C�60 2.00 EA
PART NUMBER: PC2402-060 t� '� ,C '�'3 . GJ U
Line: 22
Description• qty Unit UnitPrice Totai
MYCOMO'RINOVITON 1.00 EA
PART NUM6ER: JIS-W1518 G10 I� t 3 t�+ 3
Line: 23
Oescriptiom Qtv Unit UnitPrice Totai
tv1YCOM TORSIONAL SLIP WASHER 20�S/L 2.00 EA Q
PARTNUMBER:CS2370-E S,UO ��� (�
Linu: 24
pescriptlom Qtv U�If UnitPrice Totel
MYCOMO'RINGSETVITON2005/LD.G �.� EA 3�a.$y �-1�.0
PART NUMBER: SC7109-5E
Llne: 25
DescrlpUon• �[v Unit UnitPrice 7otai
MYCOM GASKE7 SET 200SILUD (ASBESTO FREE) 1.00 EA
PARTNUMBER:CS7118-1E �A' ,'�'� G�' ,'73
l
4.Ine: 26
PART NLIMBER:
y.s y.5
ITB 21-0177 OEM Parts, Maintenance, and Repairs
Page 5 of 70
FORT WORTHn
���� CITY OF FORT WORTH BID OFFER
Event lo Page Invited: PUBLIC EVENT DETAILS
CE'WO1-21-0177 6
Event Round Versfon Submit To: Cily of Fort Worth
� y FINANCIAI. MANAGEMENT SERVICES
Event Nama FINANCE - Purchasing
ixe oEea eants Maintenance and Ae air 200 Texas SL (Lower Level, Soulh)
Start Tlme Finish Tlme Fort Worth TX 76102
o� za zozi e:oo:oo cox _ oe iz zou 13:3 •00 C�T UnitedStates
Email: FMSPurchasingResponses@fottwotthlexas.gov
Wne: 27
pescriutlon� Qty Unit UnitPdcn Tolai
MYCOM GASKET FIANGE 26A 1.00 EA
PART NUMBER: CR7201-025 '7J $� 3 y$�
Line: 28 n�„ Unit UnitPrice Total
Dascrtp' --�
MYCOM GASKET FLANGE 20A 1.00 EA
PARTNUMBER:CR7201-020 '� $'� '?, ��
Line: 29
Descriptlon Qtv Unit UnitPrice Total
MYCOM SIEEVE , OIL SEAL 200VDlG 1.00 EA
PART NUMBER: CS5260-EV (� 6 O\� L� � �
Line: 30
Descrlption 4N Un@ UnitPdce Total
MYCOM O'RING VITON dW1516 WG22 1.00 EA y� p
PART NUMBER: PC1517-022 ap� ,'J 0. 3
Line; 3�
Descrialiom QN UniR UnitPrice Total
SORSWITCHASSEMBLY �,W EA � �
PAR7 NUMBER: 3'160090
Line: 32
Description QEv Unit UnilPrice Total
0-RING FOR NUGENT FILTER 10.00 EA � �
PART NUMBER:01-061-026
Llne: 33
oescriptlon� QN IInIt UnitPrice Total
OUTERBALLOEARINGASIAL:AK4195 2.00 EA I
PART NUMBER: 20•055•016-375 '�� �� 5y &� b
Line: 34
Description� Qtv Unit UnitPrfce Total
INNER BALL BEARINO AS/AItAK 4195 4.00 EA
PART NUMBER: 2-055-U42375 ' 3"') • 6$ 6J�� .'1 �
Llne: 35
NUMBER: 2-1 AO-015-722
�i. 8 3ab,�a
ITB 21-0177 OEM Parts, Maintenanca, and Repalrs
Page 6 of 70
FORT WORTHo
`�� CITY OF FORT WORTH BID OFFER
Event ID� �� Pagc Invlted: PUBLIC EVENT DETAILS
CFW01-21-0177 7
Event Round Version Submit To: City of Fort Worth
y y FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
ITB OEM Parts nfai�ca�anc and Re airs 200 Texas SL (Lower Levei, South)
Start Time Flnish 7lme Pol't Worlh TX 76102
7 e z 2i oe:oo:oo DT oo ia 2oxi 13:30:00 CD UnitedStates
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 36
DeseNption• Qfv Unit UnitPrice Totai
UPSEAlL4125,LQ4�325 4.00 EA
PART NUMBER: 2-283014378 3 b 1 ��.''
Line: 37
Snar i �eA� ni i v� iun r,��nur,n v,y� �.,,� �•.
PART NUMBER:2-477-020-989 '1l1 , $ a, 31
O( 1 1p
Line: 36
Description• QN Unit UnitPrice Total
HEAD O-RING VITON 4.Q0 EA
PART NUMBER: 2/512-022-867 `' 1 P. �,"� 'a
a 0
Line: 39
Oescripflon• Qtv Unit UnifPrtce Total
PIPE PLUG � 4.00 EA l
PAR7 NUMBER: `p� , a l,'� a
2-542-001-376-00
Line: 40
�escrintian� Qly Unif UnllPrice _ Total
BEARINGSPACERAS.AL.AK 4.00 EA
PART NUMBER: 4195 2-755�020-210 -'� � � `a� '7J�
Line: 4�
INGRETAINERWASHEFtASlAK4la5 <.w cn
NUMBER:2-805-045-295 � 2 ��, (y�
J
�ine: A2
DescNptiorr Qtv Unit UnitPrico Tolai ,_
OIL SEPARA70R FILTER 2879A 10.00 EA
3� °�r► �tal .ao
Line: 43
Descriotlon• Qt Unit UnitPrlce Tatal
VILTER MTHANE OIL 55 GAl DRUM 31388 25.00 EA
als�.�8 s�aoy. o
Line: 44
CAIORITEI;HHGAItK4CVV:]I'tIJ./o1�W <.w ��
PART NUMBER: CXST303F336X-001 ^l r1 , J' l� g",lb U
GC tl J
ITB 21-0177 0@M Parls, Malntenance, and Repaits
Page 7 of 70
FORTWORT <
`�� CITY OF F4RT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFWOS-21-0177 _ 8
Event Round Verston SUbtttit To: City of Fort Worth
1 L FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
IT33 OEt4 Paxi;s Maintenance, and Aeqairs 200 Taxas St. Lower Level, South)
Start Ttme Rinlsh Time Fort Worth TX�6102
o� za zon oe:oo:oo cor oa iz zon 13�3 : 0 CDT UnitedStates
Email: FMSPurchasingResponses@fortworthtexas.gov
l.ine: 45
Descriptlon• Qtv Unit UnllPrice Tofai
VILTER COAIESCAR 24" 2879A 6.00 EA
3t8eia tRo$.�
Llne: 46
Descriptlom Qtv Unit UnitPtice Totai
3•WAY THERMO VALVE 182 F DEGREE 1.00 EA ^ O U O ��` �
PAR7 NUMBER: 2BCSJ18002
OC I t
Line: 47
Oescrlptlom Qtv Unit UnitPrice 7otai
DAMPERVSS1501N801REPlACEMENT 1.00 EA
139��� t °1�b5
Line: 48
Descriotion: QtV Unit UnitPrice Tutal
GASKET 350MM COVER GATEROTOR VSS 20,00 EA
�2��,y� 58 .a�
Llne: 49
Descriptiorr ON Unit UnitPrice Total
SHIM 350MM GATEROTOR .002 15.00 EA
�S.��o tab•�a
Llne: 50
Descrintiorr Qtv Unit Uni(Price Total
SHIM 350MM GATEROTOR .003 '10.00 EA
� � �0 8 �k, Oo
Line: 51
Description• olv Unit UniWricn Total _
SHIM 330MM GATEROTOR.010 '10.00 EA
la��o idb.00
Line: 52
Descdp0an QN Unit UnIlPrice Tntal
SHIM 350MM GATEROTOR .005 15.00 EA
tb.a� a��s.ae
Line: 53
Descriptfon• Qtv UNt UnilPrice 7otal
OATEROTOR 350MM SHLtW VS51501 OLD SUPPT 1.00 EA
` � a. 3�t5a � �
ITB 21-0177 OEM Parts, Maintenance, and RepaVs
Pege 0 of 70
FORT WORTH�
`�" CITY OF FORT WORTH BID OFFER
Hvent ID�� � Page Invited: PUBUC EVENT DETAILS
CFNO1^21-0177 9
Event Round Verston Suhmtt io: Cily of Fort Worth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name �� FINANCE - Purchasing
tze oec� ea�cs Mai.�ceoan�e ana ne ai.rs 200 Texas SL (Lower Level, Soulh)
Start Time Finish Time Fort Worth TX 76102
o� za z u oa:oo:oo c T oo zozi 13:3 : 0 CDT United States
Ematl: FMSPurchasingResponses@fortworthtexas.gov
Line: 54
�escdption• Qfy Unit UnifPrice Total
SEALANT 0.5CC CAPSULE BLUE 30,00 EA
10,5� 3►5.06
Line: 55
Descri tfon: �ty Unit UnitPrice Total
RING 3.346X0.709 RETAINING INT BEVELED 30,00 EA
�a.�a 3�e.a�
Line: 56
Descrfu0on: Qtv Unit UnitPrice Total __
RING 510240 RET EXTERNAL BEVELED 50.00 EA
t •�0 �3o,c�6
Line: 57
Descripffon• QN Unit UnllPrlce Total
O.RING 4.494X4.782 NEOPRENE 10,00 EA
��,go '►o ,�6
Llna: 58
Descriutlon• �tv Unit UnitPrice Total
O-RING 5.234Z5.512 NEOPRENE 20.D0 EA
� 0 l ,an
Line: 59
Oescriqtion: QtV Unit UniWrice Tofal
BEARING 451DX850DX23 ROLLER CYL 2.00 EA
1 4., 8� 3t3.Ab
Line: 60
Descri l�on: _ ot Unit UnitPrlce Total
BEARING 751DX1fi0 0DX37 BALL (PEEK) 5.00 EA
b�5.yo �1?�.oa
Line: 61
pescriplian• �tv Unit UnNPdce Total
O-RING 5.809X5.887 NEOPRENE 50.00 EA
��t�l� 10 U�
Line: 62
Descrlptlon• afy Unit UnitPrice Totai
SEAI.2.875 SHAFT LIP CO�ER R CRWA1 5.00 EA p j q
( ,�0 b l5' O
I70 21-0177 OEM Parts, Malnfenance, and Repalrs
Page 9 of 70
FORT WORTH<
`-�" CITY OF FORT WORTN BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
cawot-zi-oz�� io
Event Round Verslon Submit To: City of Fort Worth
1 i FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchas(ng
ima oem ea s riai�ce�an�e and Re a.tne 200 Texas SL (Lowe� l.avel, South)
SfaH Tlme Flnish Time Fort Worth TX 76102
o� ze 2ou 08:0 ' DT os iz zou 13:30:00 CfYt Unlled States
Email: FMSPurchasingResponses@fortworihtexas,gov
Line: 63
Descriplion• Qtv Unit UnitPrice Total
SEAL 2•7l8 SHFT FOR NAT GASS qUALISEAI 5,00 EA
1� b5 .5g gsa� • �t
Line: 6-0
�escd tlon. Qt Unit OnitPrice Total
PRINTVSSNSRSHAFTSEAISERVICE 2.00 EA
�00. � IoUU,UP
Line: 85
Descrlptlon• QN Unit UnitPrice Total
SEAL 2.875 SHAFT LIP CODE R 1.00 EA
30.�8 3c�.��
Line: 66
Description• QN Unit UnitPrice Totai
FSP-150 CAST IRON .ML12470193C�1 G.00 EA
� �
line: 67
Oescriptlon' QN Unit UnlfPrlce Total
OATEROTORASSEMBLY.ML12517496Gt 3.00 EA
5 0 3.5 4�, d.
Llne: 68
Descriatiorr 4ty Unit UnitPrico 7otal
MAINTROTORASSEMBLY.ML12517504G1 1,00 EA
ao �a .i a� ea ,
Line: 69
Descrlotion• Qtv UNl UnitPrice Total
SLIDEVALVEASSEMBLY,ML125t7512G1 2.00 EA
Soc71 .I 5 100 oa . 6
Line: 70
Descrlatiorr Qtv Unit UnitPrica Totai
CON7ROLCAPACITY.ML12517520G1 1.00 EA
� �
Line: 71
Descriplion: qN Unit UnitPrice 7ote1
HOUSINGASSEMBLY.ML12577538G1 1.00 EA
15�$,�5 t�`� fi.lfi
ITB 21-0177 OEM Pads, Malntenance, and Repalrs
Page 10 ot 70
FORT WORTHe
��'P�" CITY OF F�RT WORTH BID OFFER
Event lo Page Invited: PUBLIC EVENT DETAILS
cewol-zi-oL�� 71
Event Round Version Submit To: City af Fort WoAh �
i i FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
iTe osM haces naincenance and 2e a.trs 200 Texas SI. (Lower level, Sou�h)
Start Tfine Flnish Time Fort Worth TX 76102
o� ze zou oa:oo:oo cux oo ia 2osi 13:30:00 CDT United States
Email: FMSPurchasingResponses@fortworthtexas.gov
Line: 72
Descrlaliorr QN Unit UnilPrice Total
CONTROLVOIUMERA710.ML1251754fiG1 2.00 EA
� �
Line: 73
Descriotion� 4tv Unit UnilPrlce Total
TAB LOCKING 0.12486585 20.00 EA
� �
I,Ine: 74
❑escrlptlon• Qtv Unit UnitPrice Totai
SCREWSET0.12486684 1.00 EA � �
Llne: 75
DescripUon• Qtv Unit UnitPrice Total
SCREW CAP HEX HD 0.12486726 20.00 EA
� �
line: 76
�escria0on• QN Unit UnifPrice Total
PIUG SKT HD FLUSH 0.12498895 20A0 EA
(,��3 131�_b0
Line: 77
Descriptlon• Qtv llnit UnitPrlce Total
PIUG FIUSH SEAL .012486fi68 15.00 EA
� �
Ltne: 70
Descriptlon� QlV Unit UnitPrice Total
PLUG FIUSH SEAL 0.12486643 5.00 EA
� �
Line: 79
Dascriptlon• Qtv Unit UnitPrlce Total
PIN DOWEL 0.72506622 30.00 EA
� �
Line: 80
Descriptlon• Qtv Unit UnitPrice Total
SCREW 0.12506584 30.00 EA
�_J �
ITB 21-0177 OEM Parts, Maintenance, and Repairs
Page 11 ot 70
FORT WOR7'Ho
`�� CITY OF FORT WORTH BID OFFER
6ventlo Page Invited: PUBLICEVENLDETAILS
cewoi-zi-ai�� i2
Event Round Version Suhmit To: City of Fort WoHh
1 1 F�NANCIAL MANAGEMENT SERVICES
Evant Name FINANC6 - Purchasing
ITB EM Parts MaintenanCe and Ae aiYB 200 Texas St. {Lower Level� $OU�h�
Sfart7lme Ftnish Time Foft Worth TX 76102
07 zo zou os:oo:oo or oa iz 2o i i3:so:oocor UnitedStates
Email: FMSPurchasingResponses@fortworthtexas.gov
I,ine: 81
Desc�iptlom Qlv Unit UnitPrioe Total
SCf2EW O.t2506549 20.�0 EA
� �
line: 82
DescrlpUon� �tv Unit UNtPrice Total
SCREW 0.12506556 20.00 EA
� �
Line; 83
Description• 4tv Unit UnlfPrlce 7otal
SCREW 0.125D656d 20.00 EA
� �
L(ne: 84
Dascription• Qlv Unit UnitPrice Total
BUSHING REDUCING 0.12518312 20.00 EA
� �
41ne: 85
Descrlotlon� Qtv Unit UnilPdce Total
BUSHINGREDUCING.123A7S5 15.00 EA
� �
Line: 86
Description• Qtv Unit Un(tPrlce Totai
TEE MAIE BRANCH .433AtOS05 3.00 EA
� �
Llne: 87
Uescriptlon• 4tv Unit UnitPrice Total
TUBING 0.25X084W 0,34438523 3.00 EA
� �
Line; 88
Descrtptian� QN ❑nIt UnitPrice Total
ELBOW MALE .420A10S06 3.00 EA
� �
Line: 89
Descdpllan: QN Unit UnitPrice Total
TUBING 0.38X49W .34814293 3.00 EA
� �
ITB 27-0177 OEM Parts, Maintenance, and Repairs
Page 12 of 70
PORTWORT e
���� CITY OF FORT WORTH BID OFFER
EventlD Page Invfted: PUBLIC EVENT DETAIIS
CFWO1-21-0177 13
Event Round Version � � Su6mit To: City of Forl Worth
y �' FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
ITB OEM eazes Ma�neenance a a ee airs 200 Texas SL (Lower Level, South)
9tart Time Flnish Tlme FoA Worth TX 76102
o� an zoai oe:oo:oo cu�r oa ia ozi 13:30:00 CD UnitedStates
Emaii: FMSPurchasingResponses@fortworthtexas.gov
Line: 90
Oescdptioa QW Unit UnitPricu Total
BUSHINOREDUCING.23A759 5,00 EA
� �
Lina: 91
De rlptlon• QN Unit_ UnftPrice Total
ELBOW MALE.428A10S12 3,00 EA
� �
Line: 92
Descrlplton• �tv Unit UnilPrlce Total
CONNECTOR0.12506044 3.00 EA
� �
Llne: 93
DescNpUon• Qlv Unit UNtPrice Total
CAPSCREW .119A2A175 9.00 EA
� �
Lltte: 94
�escrintiom Qtv Ualt UnifPrice Total
PINROLL0.12496626 4.�0 EA � �
line: 95
DescdplVon• Qtv Unit UnitPrice Total
PIN ROL10.12496634 4,00 EA
� �
Llne: 96
Oescriptlon• Qlv __ Unit UnitPrice Total
SHAFTACTUATORT&G.01250634'I 3.00 EA � �
Lfne: 97
Oescrip[lon• Qt Unil UnifPrice Total
SCREW CAP SCKT HD 0.12496717 8A0 EA � �
Line: 98
Descriptian Qlv Unit UnitPrice Tofal
CLAMMPSLIDEVALVEOA2496394 1.00 EA
C��'_ �� C�=' ��=
ITB 21-0177 OEM Pads, Maintenance, and Repalrs
Page 13 of 70
FORT WOR'fHe
y`�'''"� CITY OF FORT WORTH BID OFFER
EventlD Page Invited: PUBLICEVENTDETAILS
CFWO1-21-0177 14
Event Round Verslon Submit To: City of Fort Wodh
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
xxa e.ct eaecs n�aincana�ce and Re airs 200 Texas SL (Lower Level, Soulh)
3tart Tlme Finish Time Fort Worth TX 76102
07 20 2021 08:00:00 CDT 08 12 2021 1:30:00 CDT United States
Emall: FMSPurchasingResponses@fortworihtexas.gov
Line: 99
Descrlptlon• �lv Unit UnifPrice Total
SPACER RACK CLAMP 0.12496d02 4.00 EA � �
Line: 100
�escrl t�lon' Qtv UNt UnitPrice Total
SPACERRACK.12496410 2.00 EA
� �
Line: 101
DescrioHon� Qlv Unit UnifPrlce Tolal
SPACERRACI<0.12509502 2.aa EA � �
line: 102
Descriptlom Qfv Unif UnitPdce Tntal
SPACER VAIVE SLIDE 0.12496428 2.00 EA � �
Line: 103
Descriptlon• QN Unit UnilPrice Total �
NUT PLAIN HEX 0.1249693i 10.00 EA � �
Line: 104
Descriplfon• Qfv Unit UnitPrice Total
WASNER FLA7 0.124970'It 20.00 EA � �
Line: 105
OescrlpUon QN Unit UnitPrlce Total _
RACK VR SIIDE 0.12506283 7.00 EA �� �
Line: 106
Description� Qty Unit UnitPrice Total
RACK CAP SIIDE 0.12508275 2.00 EA � �
Line: 107
�escription Qtv Unit UnilPrice 7otal
PISTON SLEEVE 0.12506325 2.00 EA
a� ia •63 �o a6 .a
ITB 21-0177 OEM Patts, Malntenance, and Repalrs
Page 14 of 70
FORT WORT a
� CITY OF FORT WORTH BID OFFER
Event ID Page Invited: PUBLIC EVENT DETAILS
CFW01-21-0177 15
EventRound Version SubmltTo: CllyofFortWorth
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name �� � FINANCE - Purchasing
ire oete earts Ma' ntenance and e airs 200 TeXas St. (LoWef I.eVel, South)
9tart Tlme F(n(sh Tlme FoYt Worth TX 76102
a� zn zo2i 00:06:00 CDT os iz 2ozi 3:34:00 CDT United States
Email: FMSPurchasingResponses@forlworthtexas.gov
I.ine: 108
Descriptlon• Qtv Unit UnitPrice Total
ORING 0.'12506069 2.00 EA
15•a3 30, e
Line: 109
Descrlaiton• Qtv Unit UnlfPrice 7atai
RING RETAINING 0.12506655 2.00 EA
t 5.a 3 3c� . �lb
Lfne: NO
�escripQom Qty UNt UnitPdce Totel
SHAFT PISTON VR 0.12508309 3.00 EA
�►.50 5�a,5o
Line: S1I
DascdpQon• Qtv Unit UnitPrice Total
5HAFT PISTON CAP 0.12506317 3.00 �A
18�. 50 5 ba,5o
Line: N2
Oescription• QtV Unit UnitPrlCe Total
PISTON VOLUME 0.12505863 1.�0 EA
5b�.�o 5 �.�tc�
Line: 113
Description• Qtv Unit UnifPrice Total
PISTON CAPACIN 0.12513735 1.00 EA
560,'10 56d. ti
Line: N4
�escrlptlon• Qlv Unit UnitPrice Total
PINROLL0.12496592 5,00 EA
� �
Line: 115
Description• QN Unit UnlfPrlce 7otal
RINGRETAINING0.12506648 20.00 EA
��. �0 540, oc,
Llne: 116
Descrip0on� fltv Unit UnHPrice 7ota�
GASKET COVER PISTON 0.12506119 5.00 �, � q g� ��� A�
ITB 21-0177 OEM Parts, Malntenanca, and Repalrs
Page 15 of 70
FoaT WoxT a
� CITY OF FORT WORTH BID OFFER
Event ID Page Invited; PUBLIC EVENT DETAILS
CFWO1-1.1-0177 16
Event Ro�nd Verslon Subm�t io: City of Fort Worth
1 i FINANCIAL MANAGEMENT SERVICES
Event Name FINAIJCE - Purchasing
ITB eM earts taaintenance and ae aizs 200 Tex03 SL (LoWel' LeVel, Sou1h)
Start Tlme Finish Time Fort Worth TX 76102
o� zn zozi oo:oo:oo car oe iz 2o2i i3:3 � o wx UnitedStates
Emaii: FMSPurchasingResponsesQforlworihtexas.gov
Line: 117
DescFlptlon• Qlv Unit UnitPrice Total
COVERSE70.12G17942 1.00 EA
�3a.t 13a,(
Line: 118
Description• Qtv Unit UnitPrice Total
SCREW SOCKOT HD 0.12506499 14.00 EA
s.a5 �3�50
Line: 119
Oescrlption• atv Unit UnitPrlce Total
WASHER LOCK 0.12497087 3.00 EA
g.q3 �b,�
Lina: 120
DesCriptlom QtV Unit UnitPrfCa Total
SCREW SOCKET HD Q.1250B473 3.00 EA
s , a5 ►� ,�-► 5
Lina: 121
Oescrlptlon• Qtv . Unit UnitPrice Total
PLUG FLUSH SEAL 0.12486fi43 3.00 EA
�.as i .��
Line: 122
Descriotion� Qtv Unit UnitPrice 7otal
MANIFOLDDISCWARGEASSEMBlY0.12517306 1.00 EA
� �
Line: 123
Descriptlorr Qtv Unit UnitPrice Total
GASKET MANIFOLD DISCHARGE 0.12506200 1.00 EA p p�1 Q
�0�. �U I."1�
Line: 124
�escriptian• QN Unit UnitPrice Total
GASKET0.12506002 1.00 EA
� �
Line: 125
Descriplfon• QN Unit UnilPrice Total
SCREW 0.'12506010 20.00 EA
� �
ITB 21-0'177 OEM Parts, Mafntenance, and Repalrs
Page 16 of 70
ORTWORT a
�J�-3 CITY OF FORT WORTH BID OFFER
Event ID ��� ����� Page Invited: PUBLIC EVENT DETAILS
CFWO1-21-0177 1�
Event Round Veraion �� � Su6mit To: City of Fort Worth
�. 1 FINANGAL MANAGEMENT SERVICES
Event Name FINANCE - Purchasing
ITB OEM eazes Maintenance ana ae ai�s 200 Texas St. (Lower Level, Soulh}
Start Time Fintsh Ttme Fort Worth TX 76102
o� zo zo2i oo• o•aa oT oe iz zozi is:3o:oo cm� UnitedStetes
Email: PMSPurchasingResponses@fortworthlexas.gov
Llne: 126
❑escription• Qtv Unit UnifPrice Total
FLANGESET0.12577314 1,U0 EA
� oc� .c�o b�o ,00
Line: 127
Oescriptian• aN __Unit UnitPrice Total
NAMEPI.ATE GAS END .W149004G 5.00 EA
� �
lfne: 12II
Description� QN Unit t1nitPrice Tofa!
KEY SQUARE CROSS 0.12500435 1.0� EA
� �
Llne: 129
Descrlption� 4tv Unft UnitPrice Total
WASHING COUPLING 0.12486577 1.00 EA
� �
Line: 130
Descriotiorr QN Unit UnItPNce Totai
CAPSCREW HEX NEAD 0.1250147 22A0 EA
� �
Line: 131
Descriplian• Qlv Unit UnIlPrice Total
COVER GATEROTOR BRG .12518775 1.00 EA
� �
Line: 132
Descripilom Qtv Unit UnitPrica Total
SHIMPACKGATEROTOR..12513883 1.00 EA
(3�f, 3 ��3
Line: 133
❑escdptlorr dtv Unit UnitPrice Total
ORING 0.11250039 40.00 EA
� �
Line: 134
Descr(pUon• Qty Unit UnilPrice Totai
HOUSING BRG ASSY 0.12518304 1.00 EA
� �
ITB 21-0177 OEM Parts, Malntenance, and Repairs
Page 17 of 70
FORT WORTHe
`-`�� CITY OF FORT WORTH BID OFFER
Event ID aage Invited: PUBLIC EVENT DETAILS
cewoi-2i-ai�� ie
Event Round Version Submit To: City oi Forl Worih
1 1 FINANCIAL MANAGEMENT SERVICES
Event Name � FINANCE - Purchasing
zTe oeM eaces �aai�ce�aa�e and 2e ai�s 200 Texas St.(LowerLevel,South)
Slart Tlme Finish Tims Fort Worth TX 76102
o� ze zozi oe:oo: o coz oe iz z 2i 13:30:00 ac United States
Email: FMSPurchasingResponses@Forlworthtexas.gov
Line: 135
Description• Qtv Unit UnitPrice 7otai
BEARING ANG CONTACT 0.12515516 5.00 EA
�� �
Llne: 136
DescrlpNon• Qlv . Unit UnflPrice Tatal
RE7AINER BALlBRG 0.12496329 100.00 EA
� �
Line: 137
Descriptiom QN UNt UnitPrice Total
SUPPORTASSEMBLY0.12506663 15.00 EA
� �
Line: 138
Desctiptlon• Qlv Unit UnIlPrice Totai
PIN DOWEI.0,12498234 30.00 EA
� �
Line: 139
Descri Uan: Qlv Unit UnitPdce Total
DAMPENER 0.12498203 20.00 EA
� �
Line: 1A0
DescdpUon� �tv Unit UnitPrice Total
GATEROTOR ASSEMBLY 0.12506671 2.00 EA
So 3, Io18�(0
Litte: 141
Descrialion� QN Unit UnIlPrlce Totai
WASHER0.12506333 4,00 EA
� �
Llne: 142
Dascrfpllon• QN Unit UnilPrice Total
RETAINING RING 0.12506698 30.00 EA
� �
Line: 143
Desmfpfiorr Qtv Untt UnilPr(ce Tofal
O-RING NEOPRENE 2296.012A96816 30.00 EA
aa.� bt� 50
ITB 21-0177 OEM Parls, Maintenance, and Repalrs
Page 18 of 70
FORT WORTHe
`"�" CITY OF FORT WORTH BID OFFER
Event ID Page Invlfed: PUBLIC EVENT DETAILS
cFwoi-2i-oi�� i9
EventRound version SubmttTo: CllyofFortWorth
7 1 FINANCIAL MANAGEMENT SERVICES
Event Namo ��� FINANCE - Purchasing
ixa os r s Maintenance s ne�airs 200 Texas SL (Lower Level, South)
Start Time Finish 71me Fort Worlh TX 76102
o� ze 2o2i os:oa:oo cox oa iz zazi is:3o:oo cox UnitedStates
Emaii: FMSPurchasingResponses@fortworthtexas.gov
line: 14M1
�escriplion� Qtv Unit __UnitPrice Total
RETAINER F21NG ,0'12513867 20.00 EA
� �
Llne: 145
Descriatlon� Qtv Unit UnIlPdca Total
ROLLER BEARING 0.12513075 3.00 EA � �
Line: 146
Description• QN Unit UnitPrice Total
COVER GASKET 0.12513800 20.00 EA
� �
Line: 147
Oescriailon• 4lv Unit UnIlPrice Total
COVER SET 0.12498978 6,00 EA
� �
Line: 148
Descriptiam �tv Unit UnitPrice Total
SCREW CAP HEX HD 0.12496887 22.00 EA
5�a5 its.5o
LMe: 149
�escAotton• Otv Unit UNlPrice Total
MAINROTORASSEMBLYML12517504Ot 2.00 EA ^� " � �U�,
pc ry l
Line: t50
Descriotlon• Qtv UNt UnitPrice Total
SLIDEVALVEASSEMBLYML1251751201 3.OQ EA
5�01,15 15 �c�.�!
Line: 151
Descriptlon Qtv Unit UnitPrfce Total
HOUSINGASSEMBLYML�251753DG1 4.00 EA � �
Line: 152
Ooscription• Qlv Unil UaifPrice Total
SEAL 2.875 SHAF7 GAS KP09CG 5.00 EA
t"1b •� �$a�,qo
ITB 21-0177 OEM Parts, Maintenance, and Repairs
Paqe 19 of 70
ORTWORT =
CITY OF FORT WORTH BID OFFER
Event lo Page Mvlted: PUBLIC EVENT DETAILS
cewoi-2i-oi�� zo
Event Round �J'� Versmn Su6mit To: City of Fort Warth
1 i FINANCIAL MANAGEMENT SERVICES
Even! Name � FINANCE - Purchasing
zTa oem eares Mainte a��e a aa ai�s 200 Texas SL (Lowar Levei, South)
Starl Time Flnish Tlme Fori Worth TX 76102
ze zozl oe:oo:oo coT o ia 2o2i 13:so:oo cnx Uniied States
Emall: FMSPurchasingResponses@fortworthtexas.gov
L�ne: 153
thru Fnday, B:OOe.m. to
Line; 154
i4[�I9
Labor Rale for ftepelrs, Overtime Hours,
Monday thru Friday, 5:01 p.m. to 7:G9 a.m.,
All day Salurday, Sunday, and Ciry
Observed Hol[days.
Line: 155
qescriation•
Quededy Preventative Maintenance Inspec
per lha aitached speclficatlons.
10.00
�n $�.U6
Un�t Unitpdce
HR a1��sd
UNt UnitPrice
EA
�Q. 00()�
I a• ��.o
a�45.a�
RU OOJa�'
Total Bid Amount:
33c� 3'l0. �
Items not Iisted abovs wlll be offered at a discount o( %
(All parts and replacement parts may he added on an as naeded
basis throughout Ihe Ilfe of Ihe agreement, therefore, the bidder
shall submit a pdce Itst tor all available Items with their bid
su6miltal,)
I78 21-0177 OEM Parts, Meintenance, and Repairs
Page 20 of 70
�
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this poiicy reslrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declaralions, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section II -
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V-
Definitions.
SECTION 1- COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have lhe right and duty to defend the
insured against any "suiY' seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which lhis insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suiY'
that may result. But:
(1) The amount we will pay for damages is
Iimited as described in Section III - Limits
Oflnsurance;and
(2) Our right and duty to defend ends whe�
we have used up the applicable limit of
insurance in the paymeni of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered uNess
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily i�jury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
(2) The "bodily injury" or "properiy damage"
occurs during the policy period; and
(3) Prior to the policy period, no insured listed
under Paragraph 7. of Section II - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence" or claim, knew ihat the
"bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
"bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
"property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
- Who Is An Insured or any "empioyee"
authorized by you to give or receive notice of
an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily
injury" or "properly damage" to us or any
otherinsurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
(3) Becomes aware by any other means that
"bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resuiting at any time from the "bodily
injury".
e. Incidental Medical Malpractice And Good
Samaritan Coverage
"Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed lo be caused by an
"occurrence" for:
HG 00 01 09 16 Page 1 of 21
OO 2016 The Hartford
(Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
(1) Professional health care services such as:
(a) Medical, surgical, dental, laboratory, x-
ray or nursi�g services or treatment,
advice or instruction, or the related
furnishing of food or beverages;
(b) Any health or therapeutic service,
treatment, advice or instruction; or
(c) The furnishing or dispensing of drugs
or medical, dental, or surgical supplies
or appliances; or
(2) First aid services, which include:
(a) Cardiopulmonary resuscitaiion,
whether performed manually or with a
defibrillator; or
(b) Services performed as a Good
Samaritan.
For the purpose of determining the limits of
insurance, any act or omission together with
all related acts or omissions in the furnishing
of these services to any one person will be
considered one "occurrence".
However, this Incidental Medical Malpractice
And Good Samaritan Coverage provision
applies only if you are not engaged in the
business or occupation of providing any of the
services described in this provision.
2. Exclusions
This insurance does not apply to:
a. Expected Orintendedlnjury
"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.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured 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:
(1) That the insured would have in the
absence of the contract or agreement; or
(2) Assumed in a contract or agreement that
is an "insured contracY', provided the
"bodily injury" or "properly damage"
occurs subsequent to the execution of the
contract or agreement. Solely for the
purposes of liability assumed in an
"insured contract", reasonable attomey
fees and necessary litigation expenses
incurred by or for a party other than an
insured are deemed to be damages
because of "bodily injury" or "property
damage", provided:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) 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.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohoi; or
(3) Any statute, ordinance or regulation
relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in:
(a) The supervision, hiring, employment,
training or monitoring of others by that
insured; or
(b) Providing or failing to provide
transportation with respect to any
person that may be under the influence
of alcohol;
if the "occurrence" which caused the "bodity
injury" or "property damage", involved that
which is described in Paragraph (1), (2) or (3)
above.
However, this exclusion applies only if you
are in the business of manufacturing,
distributing, selling, serving or furnishing
alcoholic beverages. For the purposes of this
exclusion, permilting a person to bring
alcoholic beverages on your premises, for
consumption on your premises, whether or
not a fee is charged or a license is required
for such activity, is not by itself considered the
business of selling, serving or furnishing
alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disabilily benefits or
unemployment compensation law or any
similar law.
e. Employer's Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of
a�d in the course of:
Page 2 of 21 HG 00 01 09 16
(a) Employment by the insured; or
(b) Performing duties related lo the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies:
(1) Whelher the insured may be liable as an
employer or in any other capacity; and
(2) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contracY'.
f. Pollution
(1) "Bodily injury" or "property damage"
arising out of the actual, alleged or
threatened discharge, dispersal, seepage,
migration, release or escape of
"pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury" if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
is used to heat, cool or dehumidify
the building, or equipment that is
used to heat water for personal
use, by the building's occupants or
their guests;
(ii) "Bodily injury" or "property damage"
for which you may be held liable, if
you are a contractor and the owner
or lessee of such premises, site or
locatio� has been added to your
policy as an additional insured with
respect to your ongoing operations
performed for that additional
insured at that premises, site or
localion and such premises, site or
location is not and never was
owned or occupied by, or rented or
loaned to, any insured, other than
that additional insured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) Which are or were at any time
transported, handled, stored, treated,
disposed of, or processed as waste by
or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i) "Bodily injury" or "property damage"
arising out of the escape of fuels,
lubricants or other operating fiuids
which are needed to perform the
normal electrical, hydraulic or
mechanical functions necessary for
the operation of "mobile equipmenY'
or its parts, if such fuels, lubricants
or other operating fluids escape
from a vehicle part designed to
hold, store or receive them. This
exception does not apply if the
"bodily injury" or "property damage"
arises out of the intentional
discharge, dispersal or release of
the fuels, lubricants or other
operati�g fluids, or if such fuels,
lubricants or other operating fluids
are brought on or to the premises,
site or location with the intent that
they be discharged, dispersed or
released as part of the operations
being performed by such insured,
contractor or subcontractor;
(ii) "Bodily injury" or "property damage"
sustained within a building and
caused by the release of gases,
fumes or vapors from materials
brought into that building in
connection with operations being
performed by you or on your behalf
by a contractor or subco�tractor; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a "hostile fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are pertorming operations if the
HG 00 01 09 16 Page 3 of 21
operations are to test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess the effects of,
"pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any
insured or others test for, monitor,
clean up, remove, contain, treat,
detoxify or neutralize, or in any way
respond to, or assess lhe effects of,
"pollutants"; or
(b) Ciaim or suit by or on behalf of a
governmental authority for damages
because of testi�g for, monitoring,
cleaning up, removing, containing,
treating, detoxifying or neutralizing, or
in any way responding to, or assessing
the effects of, "pollutants".
However, this paragraph does not apply to
liability for damages because of "property
damage" that the insured would have in
the absence of such request, demand,
order or statutory or regulatory
requirement, or such claim or "suit" by or
on behalf of a governmental authority.
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "properly damage" arising
out of lhe 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 exciusion 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,
mainte�ance, 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 wateroraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) Less than 51 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 Ioaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance
or use of aircraft or watercraft;
(5) "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
equipmenY' if it were not subject to a
compulsory or financial responsibilily
law or other motor vehicie insura�ce
law where it is licensed or principally
garaged; or
(b) The operation of any of the machinery
or equipment listed i� Paragraph f.(2)
or f.(3) of the definition af "mobile
equipmenf'; or
(6) An aircraft that is not owned by any
insured and is hired, chartered or loaned
with a paid crew. However, this exception
does not apply if the insured has any other
insurance for such "bodity injury" or
"property damage", whether the other
insurance is primary, excess, contingent
or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising
out of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed,
demolition, or stunting activity.
i. War
"Bodily injury" or "property damage", however
caused, arising, directly or indirectiy, out of:
(1) War, i�cluding undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
j. Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization
or entity, for repair, replacement,
Page 4 of 21 HG 00 01 09 16
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to anoiher's property;
(2) Premises you sell, give away or abandon,
if the "property damage" arises out of any
part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or
control of the insured;
(5) That parlicular part of real property on
which you or any contractors or
subconUactors
working directly or indireclly on your behalf
are performing operations, if ihe "prope�ty
damage" arises out of those operations; or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
pertormed on it.
Paragraphs (1), (3) and (4) of this exclusion
do not apply to "property damage" (other fhan
damage by fire) to premises, including the
contents of such premises, rented to you for a
period of seven or fewer consecutive days. A
separate Iimit of insurance applies to Damage
To Premises Rented To You as described in
Section III - Limits Of Insurance.
Paragraph (2) of this exclusion does not apply
if the premises are "your work" and were
never occupied, rented or held for rental by
you.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" arising from
the use of elevators.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraphs (3) and (4) of this exclusion do
not apply to "property damage" to borrowed
equipment while not being used to perform
operalions at the job site.
Paragraph (6) of this exclusion does not apply
to "property damage" included in lhe
"products-completed operations hazard".
k. Damage To Your Product
"Property damage" to "your producC' arising
out of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out
of it or any part of it and included in the
"products-completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property" or
properly that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your producY' or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of
use of other property arising out of sudden
and accidental physical injury to "your
producY' or "your work" after it has been put
to its intended use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your producC';
(2) "Your work"; or
(3) "Impaired property";
if such product, work, or property is withdrawn
or recalled from the market or from use by
any person or organization because of a
known or suspected defect, deficiency,
inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and
advertising injury".
p. Access or Disclosure Of Confidential Or
Personal Information And Data-related
Liability
Damages arising out of:
(1) Any access to or disclosure of any
person's or organization's confidential or
personal information, including patents,
trade secrets, processing methods,
customer lists, financial information, credit
card information, health information or any
other type of �o�public information; or
(2) The loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to manipulate electronic data.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of that which is described in
Paragraph (1) or (2) above.
HG 00 01 09 16 Page 5 of 21
However, unless Paragraph (1) above
applies, this exclusion does not apply to
damages because of "bodily injury'.
As used in this exclusion, electronic data
means information, facts or programs stored
as or on, created or used on, or transmitted to
or from computer software, including systems
and applications software, hard or floppy
disks, CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
q. Employment-Related Practices
"Bodily injury" to:
(1) A person arising out of any "employment-
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury" to that person at whom any
"employment-related practices" are
directed.
This exclusion applies:
(1) Whelher the injury-causing event
described in the definition of "employment-
related practices" occurs before
employment, during empioyment or after
employment of that person;
(2) Whether lhe insured may be liable as a�
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
r. Asbestos
(1) "Bodily injury" or "property damage"
arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or stalutory or regulatory
requirement that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard"; or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cleaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
s. Recording And Distribution Of Material Or
Information In Violation Of Law
"Bodily injury" or "property damage" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), i�cluding any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any amendment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or local statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecling,
recording, sending, transmitting,
communicating or distribution of material
or information.
Damage To Premises Rented To You -
Exception For Damage By Fire, Lightning Or
Explosion
Exclusions c. through h. and j. through n. do not
apply to damage by fire, lightning or explosion to
premises while rented to you or temporarily
occupied by you with permission of lhe owner. A
separate limit of insurance applies to this
coverage as described in Section III - Limits Of
Insurance.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury"
to which this insurance applies. We will have
the right and duty to defend the insured
against any "suiY' seeking those damages.
However, we will have no duty to defend the
insured against any "suit" seeking damages
for "personal and advertising injury" to which
this insurance does not apply. We may, at our
discretion, investigate any offense and setlle
any claim or "suiY' that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III - Limits
Ofinsurance;and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
Page 6 of 21 HG 00 01 09 16
settlements under Coverages A or B or
medicalexpenses under Coverage C.
No other obligation or Iiabiiily to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "personal and
advertising injury" caused by an offe�se
arising out of your business but only if the
offense was committed in the "coverage
territory" during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" arising out of
an offense committed by, at the direction or
with the consent or acquiescence of the
insured wifh the expectation of inflicting
"personal and advertising injury".
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material, if done by or at the
direction of the insured with knowledge of its
falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of
oral, written or electronic publication, in any
manner, of material whose first publication
took place before the beginning of ihe policy
period.
d. Criminal Acts
"Personal and advertising injury" arising out of
a criminal act committed by or at the direction
of the insured.
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
liability for damages that the insured would
have in the absence of the contract or
agreement.
f. Breach Of Contract
"Personal and advertising injury' arising out of a
breach of contract, except an implied contract to
use another's "advertising idea" in your
"advertisemenP'.
g. Quality Or Performance Of Goods - Failure
To Conform To Statements
"Personal and advertising injury" arising out of
the failure of goods, products or services to
conform with any statement of quality or
performance made in your "advertisemenY'.
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of
the wrong description of the price of goods,
products or services.
i. Infringement Of Intellectual Property
Rights
(1) "Personal and advertising injury" arising
out of any actual or alleged infringement
or violation of any intellectual property
rights such as copyright, patent,
trademark, trade name, trade secret, trade
dress, service mark or other designation
of origin or authenticity; or
(2) Any injury or damage alleged in any clam
or "suit" that also alleges an infringement
or violation of any intellectual property
right, whether such allegation of
infringement or violation is made by you or
by any other party involved in the claim or
"suit", regardless of whether this
insurance would otherwise apply.
However, this exclusion does not apply if the
only allegation in the claim or "suit" involving
any intellectual property right is limited to:
(1) Infringement, io your "advertisemenY', of:
(a) Copyright;
(b) Slogan; or
(c) Tilie of any literary or artistic work; or
(2) Copying, in your "advertisement", a
person's or organization's "advertising
idea" or style of "advertisemenP'.
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury" committed
by an insured whose business is:
(1) Advertising, broadcasting, publishing or
telecasting;
(2) Designing or determining content of web
sites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a., b. and c. of the defi�ition of
"personal and advertising injury" under the
Definitions Section.
For the purposes of this exclusion, the placing
of frames, borders or links, or advertising, for
you or others anywhere on the Internet, is not
by itself, considered the business of
advertising, broadcasting, publishing or
telecasting.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury" arising out of
an electronic chatroom or bulletin board the
HG 00 01 09 16 Page 7 of 21
insured hosts, owns, or over which the
insured exercises control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury" arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name
or metatags, or any other similar tactics to
mislead another's potential customers.
m. Pollution
"Personal and advertising injury" arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "poliutants" at any time.
n. Pollution-Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of a
governmental authority for damages
because of testing for, monitoring,
cleaning up, removing, containing,
lreating, detoxifyi�g or neutralizing, or in
any way responding to, or assessing the
effects of, "pollutants".
o. War
"Personal and advertising injury", however
caused, arising, directly or indirectly, out of:
(7) War, including undec�ared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or oiher authority
using military personnel or other agents;
or
(3) Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any ofihese.
p. Internet Advertisements And Content Of
Others
"Personal and advertising injury" arising out
of:
(1) An "advertisemenY' for others on your web
site;
(2) Placing a link to a web site of olhers on
your web site;
(3) Content, including information, sounds,
text, graphics, or images from a web site
of others displayed within a frame or
border on your web site; or
(4) Computer code, software or programming
used to enable:
(a) Your web site; or
(b)The presentation or functionality of an
"advertisement" or other content on
your web site.
q. Right Of Privacy Created By Statute
"Personal and advertising injury" arising out of
the violation of a person's right of privacy
created by any state or federal act.
However, this exclusion does not apply to
liability for damages that the insured would
have in the absence of such state or federal
act.
r. Violation Of Anti-Trust law
"Personal and advertising injury" arising out of
a violation of any anti-trust law.
s. Securities
"Personal and advertising injury" arising out of
the fluctuation i� price or value of any stocks,
bonds or other securities.
t. Recording And Distribution Of Material Or
Information In Violation Of law
"Personal and advertising injury" arising
directly or indirectly out of any action or
omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act
(TCPA), including any amendment of or
addition to such law;
(2) The CAN-SPAM Act of 2003, including
any amendment of or addition to such law;
(3) The Fair Credit Reporting Act (FCRA), and
any ame�dment of or addition to such law,
including the Fair and Accurate Credit
Transaction Act (FACTA); or
(4) Any federal, state or Iocal statute,
ordinance or regulation, other than the
TCPA or CAN-SPAM Act of 2003 or FCRA
and their amendments and additions, that
addresses, prohibits or limits the printing,
dissemination, disposal, collecting,
recording, sending, transmitting,
communicating or distribution of material
or information.
u. Employment-Related Practices
"Personal and advertising injury" to:
(1) A person arisi�g out of any "employment-
related practices"; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal and advertising injury" to that
person at whom any "employment-related
practices" are directed.
Page S of 21 HG 00 01 09 16
This exclusion applies:
(1) Whether the injury-causing event
described in the definilion of "employment-
related practices" occurs before
employment, during employment or after
employment of that person;
(2) Whether the insured may be liable as an
employer or in any other capacity; and
(3) To any obligation to share damages with
or repay someone else who must pay
damages because of the injury.
v. Asbestos
(1) "Personal and advertising injury" arising
out of the "asbestos hazard".
(2) Any damages, judgmenis, settlements,
loss, costs or expenses that:
(a) May be awarded or incurred by reason
of any claim or suit alleging actual or
threatened injury or damage of any
nature or kind to persons or property
which would not have occurred in
whole or in part but for the "asbestos
hazard";
(b) Arise out of any request, demand,
order or statutory or regulatory
requireme�t that any insured or others
test for, monitor, clean up, remove,
encapsulate, contain, treat, detoxify or
neutralize or in any way respond to or
assess the effects of an "asbestos
hazard';or
(c) Arise out of any claim or suit for
damages because of testing for,
monitoring, cieaning up, removing,
encapsulating, containing, treating,
detoxifying or neutralizing or in any
way responding to or assessing the
effects of an "asbestos hazard".
w. Access Or Disclosure Of Confidential Or
Personal Information
"Personal and adverlising injury" arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information, including patents, trade secrets,
processing methods, customer lists, financial
information, credit card information, heallh
information or any other iype of nonpublic
information.
This exclusion applies even if damages are
claimed for notification costs, credit
monitoring expenses, forensic expenses,
public relations expenses or any other loss,
cost or expense incurred by you or others
arising out of any access to or disclosure of
any perso�'s or organization's confidential or
personal information.
COVERAGE C MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury" caused by an
accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or
rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage
territory" and during the policy period;
(2) The expenses are incurred and reported
to us within three years of the date of the
accident; and
(3) The injured person submits to
examination, at our expense, by
physicians of our choice as often as we
reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury':
a. Any Insured
To any insured, except "volunfeer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers Compensation And Similar Laws
To a person, whether or not an "empioyee" of
any insured, if benefits for ihe "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similarlaw.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports, or athletic
contests.
HG 00 01 09 16 Page 9 of 21
f. Products-Completed Operations Hazard
Included within the "products-completed
operations hazard".
g. Coverage A Exclusions
Excluded under Coverage A.
SUPPLEMENTARY PAYMENTS - COVERAGES
A AND B
1. We will pay, with respect to any claim we
investigate or settle, or any "suiP' against an
insured we defend:
a. All expenses we incur.
b. Up to $1,000 for cost of bail 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.
c. The cost of appeal bonds or bonds to release
attachments, but only for bond amounts
within the applicabie limit of insurance. 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 "suiY',
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in
the "suit". However, such costs do not
include attorneys' fees, attorneys' expenses,
witness or expert fees, or any other expenses
of a party taxed to the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g. All interest on the fuil amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment
that is within the applicable limit of insurance.
These payments wili not reduce the Iimits of
insurance.
2. If we defend an insured against a"suit" and an
indemnitee of the insured is also named as a
party to the "suiY', we will defend that indemnitee
if all of the following conditions are met:
a. The "suiY' against the indemnitee seeks
damages for which the insured has assumed
the Iiability of the indemnitee in a contract or
agreement that is an "insured contracY';
b. This insurance applies to such liability
assumed by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured i� the same "insured
contracP;
d. The allegations in the "suiY' and the
information we know about the "occurrence"
are such that no conflict appears to exist
between the interests of the insured and the
interests of the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree fhat
we can assign the same counsel to defend
the insured and the i�demnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suiP';
(c) Notify any other insurer whose
coverage is available to fhe
indemnitee; and
(d) Cooperate with us with respect to
coordinating other applicable
insurance available to the indemnitee;
and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suiY'.
So long as the above conditions are met,
attorneys' fees incurred by us in the defense of
that indemnitee, necessary litigation expenses
incurred by us and necessary litigation expenses
incurred by the indemnitee at our request will be
paid as Supplementary Payments.
Notwithstanding the provisions of Paragraph
2.b.(2) of Section I- Coverage A- Bodily injury
And Properly Damage Liability, such payments
will not be deemed to be damages for "bodily
injury" and "property damage" and will not reduce
the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Suppleme�tary Payments
ends when:
a. We have used up the applicable limit of
insurance in the payment of judgments or
settlements; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f.
above, are no longer met.
Page 10 of 21 HG 00 01 09 16
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole
owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
c. A limited liability company, you are an
insured. Your members are also insureds, but
only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their dulies as your
managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are
an insured. Your "executive officers" and
directors are insureds, but only with respect to
their duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you are
an organizaiion other than a partnership, joint
venture or Iimited liability company) or your
managers (if you are a limited Iiabiiity
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 ve�ture),
to your members (if you are a limited
liability company), to a co"employee"
while in the course of his or her
employment or pertorming 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 that
"volunteer worker" 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 (1)(b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
If you are not in the business of providing
professional health care services:
(a) Subparagraphs (1)(a), (1)(b) and (1)(c)
above do not apply to any "employee"
or "volunteer worker" providing first aid
services; and
(b) Subparagraph (1)(d) above does not
apply to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) 'Property damage" to property:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you
are a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper
temporary custody of your property if you die,
but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has been
appointed.
d. Legai Representative If You Die
Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Unnamed Subsidiary
Any subsidiary, and subsidiary thereof, of
yours which is a legally incorporated entity of
which you own a financial interest of more
than 50 % of the voting stock on the effective
date of the Coverage Part.
HG 00 01 09 16 Page 11 of 21
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th 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 "property damage" that occurred before
you acquired or formed the organizatio�; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
aiso an insured, but only with respect to liabiliiy
arising out of the operation of the watercraft, and
only if no other insurance of any kind is availabie
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Properly damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under ihis provision.
5. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A perso� or organization is an additional insured
under this provision only for ihat period ot time
required by the conlract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodiiy injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property damage" for
which fhe vendor is obligated to pay
damages by reason of the assumption
of liabilily 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;
(b) Any express warranty unauthorized by
you;
(c) Any physical or chemical change in the
producf made intentionally by the
vendor;
(d)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;
(e) 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;
(fl Demonstration, installation, servicing
or repair operations, except such
operations pertormed at the vendor's
premises in connection with the sale of
the product;
(g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
Page 12 of 21 HG 00 01 09 16
(h)'`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. However, this
exclusion does not apply to:
(i) The exceptions contained in Sub-
paragraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servici�g as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the dislribution or sale of the
products.
(2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
(1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment Ieased to you by such
person(s) or organization(s).
(2) Wilh respect to the insurance afforded to
these additionai insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury' caused, in whole or in part,
by your acts or omissions or the acts or
omissions of those acting on your behalf:
(1) In connection with your premises; or
(2) In the performance of your ongoing
operations performed by you or on your
behalf.
Wilh respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arisi�g out of the rendering
of or the failure to render any professional
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervisio�, hiring,
empioyment, training or monitoring of others
by that insured, if the 'bccurrence" 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 services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
(1) "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of operations performed for the state
or municipality; or
(2) "Bodily injury" or "property damage"
included within the "products-completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "properry damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acls or omissions of those acting on your
behalf:
(1) In ihe performance of your ongoing
operations;
HG 00 01 09 16 Page 13 of 21
(2) In connection with your premises owned
by or rented to you; or
(3) In conneciion with "your work" and
included within the "products-completed
operations hazard", but only if
(a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
(b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products-
completed operations hazard".
However:
(1) The insurance afforded lo such additional
insured only applies to the extent
permitted by law; and
(2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
(1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
(2) Supervisory, inspection, architectural or
engineering activities.
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 ihe failure to render any
professional services by or for you.
The limits of insurance that apply to additionai
insureds is described in Section III - Limits Of
Insurance.
How this insurance applies when other insurance
is available to the addilional insured is described
in the Other Insurance Condition in Section IV -
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint ve�ture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
wili pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for lhe sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard"; and
c. Damages under Coverage B.
3. Products-Completed Operations Aggregate
Limit
The Products-Completed Operations Aggregate
�imit is the most we will pay under Coverage A
for damages because of "bodily injury" and
"property damage" included in the "products-
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the Personal and
Advertising Injury Limit is the most we wiil pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurre�ce".
6. Damage To Premises Rented To You �imit
Subject to 5. 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 fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
lhe owner.
Page 14 of 21 HG 00 01 09 16
In the case of damage by fire, Iightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, Iightning or explosion
or any combination of these.
7. Medicai Expense Limit
Subject l0 5. above, the Medical 6cpense Limit is
the most we will pay under Coverage C for all
medical expenses because of "bodily injury"
sustained by any one person.
8. How Limits Apply To Additional Insureds
If you have agreed in a written contract or written
agreement that another person or organization
be added as an additional insured on your policy,
the most we will pay on behalf of such additional
insured is the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The �imits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to Limits of Insurance shown in the
Declarations and described in this Section.
The Limits of Insurance of fhis Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months,
starting with the beginning of the policy period
shown in the Declarations, unless the policy period
is extended after issuance for an additional period of
less than 12 months. In that case, the additional
period will be deemed part of the last preceding
period for purposes of determining the Limits of
Insurance.
SECTION N - COMMERCIAL GENERAL
LIABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it
that we are notified as soon as practicable of
an "occurrence" or an offense which may
result in a claim. To the extent possible,
notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. Notice Of Claim
If a claim is made or "suiY' is brought against
any insured, you or any additional insured
must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it
that we receive written notice of the claim or
"suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in lhe investigation or
settlement of the claim or defense against
the "suiY'; and
(4) Assist us, upon our request, in the
enforcement of a�y right against any person
or organization which may be liable to the
insured because of injury or damage to
which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, wifhout our consent.
e. Additional Insureds Other Insurance
If we cover a claim or "suiP' under this
Coverage Part that may also be covered by
other insurance available to an additional
insured, such additional insured must submit
such claim or "suit" to the other insurer for
defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written
contract or written agreement that this
insurance is primary and non-contributory
with the additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a, and b. apply to you or to any
additional insured only when such
"occurrence", offense, claim or "suiY' is known
to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or the additional
insured is a partnership;
HG 00 01 09 16 Page 15 of 21
(3) Any manager, if you or the additional
insured is a limited liability compa�y;
(4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
(5) Any trustee, if you or the additional
insured is a trust; or
(3) Tenant Liability
That is insurance purchased by you to
cover your liabilily as a tenant for
"property damage" to premises rented lo
you or temporarily occupied by you with
permission of the owner;
(4) Aircraft, Auto Or Watercraft
(6) Any elected or appointed official, if you or If the loss arises out of the maintenance or
the additional insured is a political use of aircraft, "autos" or watercraft to the
subdivision or public entity. extent not subject to Exclusion g. of
This duty applies separately to you and any Section I- Coverage A- Bodily injury And
additional insured. Property Damage Liability;
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a"suiY' asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liabiliiy signed by us, the insured and the
claima�t or the claimanfs legal representative.
4. Otherinsurance
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 b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I- Coverage A-
Bodily Injury And Property Damage
Liability;
(6) When You Are Added As An Additional
Insured To Other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
(7) When You Add Others As An
Additional Insured To This Insurance
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
(a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that
olher insurance by the melhod
described in c. below.
(b) Primary And Non-Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
lhat this insurance is primary and non-
coNributory wilh the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
Page 16 of 21 HG 00 01 09 16
Paragraphs (a) and (b) do not apply to
other insurance to which the addilional
insured has been added as an addilionai
insured.
When ihis insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit" if any other
insurer has a duly to defend ihe insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against ali
those otherinsurers.
When this insurance is excess over other
insurance, we will pay only our share of lhe
amount of the loss, if any, that exceeds the
sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all fhat other insurance.
computation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations are
accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage underthis Coverage Part because
of such failure.
7. Separation Of insureds
We will share the remaining loss, if any, with Except with respect to the limits of Insurance,
a�y other insurance that is not described in and any rights or duties specifically assigned in
this Excess Insurance provision and was not this Coverage Part to the first Named Insured,
bought specifically to apply in excess of the this insurance applies:
Limits of Insurance shown in the Declarations a. As if each Named Insured were the only
of this Coverage Part. Named Insured; and
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under fhis approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of ihe other insurance does not permit
contribution by equai shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
b. Separately to each insured against whom
claim is made or "suif' is brought.
S. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplemenfary
Payments, 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. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit fhat was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
HG 00 01 09 16 Page 17 of 21
nonrenewal not less than 30 days before the
expiration date.
If notice is mailed, proof of mailing will be
sufficient proof of notice.
SECTION V - DEFINITIONS
1. "AdvertisemenY' means the widespread public
dissemination of information or images that has
the purpose of inducing the sale of goods,
products or services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However. "advertisement" does not include:
a. The design, printed material, information or
images contained in, on or upon the
packaging or labeling of a�y goods or
products; or
b. An interacfive conversation between or
among persons through a computer network.
"Advertising idea" means any idea for an
"advertisemenY'.
"Asbestos hazard" means an exposure or
lhreat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
"Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law or
other motor vehicle insurance law where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipmenY'.
"Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
"Coverage territory" means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if
the injury or damage occurs in the course of
travel or transportation between any places
included in a. above; or
2.
RI
4.
5.
6.
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in a. above;
(2) The activities of a person whose home is
in the territory described in a. above, but is
away for a short time on your business; or
(3) "Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (inciuding its territories and possessions),
Puerto Rico or Canada, in a"suiY' on the merits
according to the substantive law in such territory or
in a settlement we agree to.
7. "Employee" inciudes a "leased worker".
"Employee" does not inciude a "temporary
worker".
8. "Employment-Related Practices" means:
a. Refusal to employ that person;
b. Termination of that person's employment; or
c. Employment-related pracfices, policies, acts
or omissions, such as coercion, demotion,
evaluation, reassignment, discipline,
defamation, harassment, humiliation,
discrimination or malicious prosecution
directed at that person.
9. "Executive officer" means a person holding any
of the officer posifions created by your charter,
constitution, by-laws or any other similar
governing document.
10."Hostile fire" mea�s one which becomes
uncontrollabie or breaks out from where it was
intended to be.
11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by the
repair, replacement, adjustmenf or removal of
"your producP' or "your work", or your fulfilling the
terms of the contract or agreement.
12."Insured contracY' means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises lhat indemnifies any person or
organization for damage by fire, lightning or
explosion to premises while rented to you or
temporarily occupied by you with permission
of the owner is subject to the Damage to
Page 18 of 21 HG 00 01 09 16
Premises Rented To You �imit described in
Section III - Limits of insurance;
b. A sidetrack agreement;
c. Any easement or license agreeme�t,
inciuding an easement or license agreement
in conneclion wiih construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, except in connection
wilh 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 i�jury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf. Tort
liability means a Iiabiiity that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f. includes that part of any contract
or agreement that indemnifies a railroad for
"bodily injury" or "property damage" arising
out of construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or treslle, tracks,
road-beds, tunnel, underpass or crossing.
However, Paragraph f. does not include that
part of any contract or agreement:
(1) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving diredions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
or
(2) Under which the insured, if an architect,
engineer or surveyor, assumes liabiliry for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in (1) above and supeivisory, inspection,
architectural or engineering activities.
13."Leased worker" means a person leased to you
by a labor leasing firm under an agreement
beiween you and the labor leasing firm, to
perform duties related to the conduct of your
business. "Leased worker" does not inciude a
"temporary worker".
14."Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an
aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to lhe place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand fruck, that is not
attached to the aircraft, watercraft or "auto".
15."Mobile equipmenY' means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next
to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility lo
permanently mounted:
(1) Power cranes, shovels, loaders, diggers or
drilis; or
(2) Road construction or resurfacing
equipment such as graders, scrapers or
rollers;
e. Vehicles not described in a., b., c. or d. above
that are not seif-propelled and are maintained
primarily to provide mobility to permanently
attached equipment of the foliowing types:
(1) Air compressors, pumps and generators,
including spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment; or
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes olher than
the transportation of persons or cargo.
However, self-propelled vehicles wiih the
following types of permanently attached
equipment are not "mobile equipmenY' but will
be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not
construction or resurfacing; or
(c) Street cleaning;
HG 00 01 09 16 Page 19 of 21
(2) Cherry pickers and similar devices
mounted on automobile or truck chassis
and used to raise or Iower workers; and
(3) Air compressors, pumps and generators,
inciuding spraying, welding, building
cleaning, geophysical exploration, lighting
and well servicing equipment.
However, "mobile equipmenY' does not include
any land vehicle fhat is subject to a compulsory
or financial respo�sibilily law or other motor
vehicle insurance law where it is licensed or
principally garaged. Land vehicles subject to a
compulsory or financial responsibility law or other
motor vehicie insurance law are considered
"autos".
16."Occurrence" means an accident, including
continuous or repeated exposure to substantially
the same general harmful conditions.
17."Personal and advertising injury" means
injury, including consequential "bodily injury",
arising out of one or more of the foliowing
offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviciion from, wrongful entry
into, or invasion of the right of private
occupancy of a room, dwelling or premises
that a person or organization occupies,
committed by or on behalf of its ow�er,
landlord or lessor;
d. Oral, written or electronic publication, in any
manner, of material that slanders or libels a
person or organization or disparages a
person's or organization's goods, products or
services;
e. Oral, written or electronic publication, in any
manner, of material that violates a person's
right of privacy;
f. Copying, in your "advertisemenY', a person's
or organizalion's "advertising idea" or style of
"advertisemenf'; or
g. Infringement of copyright, slogan, or title of
any literary or artistic work, in your
"advertisemenP'.
18."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or contaminant, including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
reconditioned or reclaimed.
19."Products-completed operations hazard":
a. Includes all "bodiiy injury" and "property
damage" occurring away from premises you
own or re�t and arising out of "your producY'
or "your work" except:
(1) Products that are still in your physical
possession; or
(2) Work that has not yet
abandoned. However,
deemed completed a1
following times:
been completed or
"your work" will be
the earliest of the
(a) When all of the work called for in your
contract has been completed.
(b) When all of the work to be done at the
job site has been completed if your
contract calls for work at more than
onejob site.
(c) When lhat part of the work done at a
job site has been put to its intended
use by any person or organization
other than another contractor or
subcontractor working on the same
project.
Work lhat may need service,
maintenance, correction, repair or
replacement, but which is otherwise
complete, will be treated as completed.
b. Does not include "bodily injury" or "property
damage" arising out of:
(1) The transportation of property, uNess the
injury or damage arises out of a condition
in or on a vehicle not owned or operated
by you, and that condition was created by
the "loading or unloading" of that vehicle
by any insured;
(2) The existence of tools, uninstalled
equipment or abandoned or unused
materials; or
(3) Products or operations for which the
classificaiion, Iisted in fhe Declarations or
in a policy Schedule, states that products-
completed operations are subject to the
General Aggregate Limit.
20."Property damage" means:
a. Physical injury to tangible property, including
all resulting loss of use of that properly. All
such loss of use shall be deemed to occur at
lhe time of the physical injury that caused it;
or
b. Loss of use of tangibie property that is not
physically injured. AII such loss of use shail
be deemed to occur at the time of the
"occurrence" that caused il.
As used in this definition, computerized or
electronically stored data, programs or software
are not tangible property. Electronic data means
information, facts or programs:
a. Stored as or on;
b. Created or used on; or
c. Transmitted to or from;
computer sofiware, including systems and
applicatio�s software, hard or floppy disks, CD-
Page 20 of 21 HG 00 01 09 16
ROMS, tapes, drives, cells, data processing
devices or any other media which are used with
electronically controlled equipment.
21."SuiY' means a civil proceeding in which
damages because of "bodily injury", "property
damage" or "personal and advertising injury" to
which this insurance applies are alleged. "Suit"
includes:
a. An arbitration proceeding in which such
damages are claimed and to which the
insured must submit or does submit with our
consent; or
b. Any other alternative dispute resolution
proceeding in which such damages are
claimed and to which the insured submits with
ourconsent.
22."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23. "Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compensation by you or anyone else for their
work performed for you.
24. "Your producY':
Fl■Ji[xSi��l
(1) Any goods or products, other than real
property, manufactured, sold, handled,
distributed or disposed of by:
(a) You;
(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. Inciudes
(1) Warranties or representations made at
any time with respeci to the fitness,
quality, durability, performance or use of
"your producY'; and
(2) The providing of or failure to provide
wamings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
25. "Your work":
a. Means:
(1) Work or operations performed by you or
on your behalf; and
(2) Materials, parts or equipment furnished in
connection wilh such work or operations.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
qualiiy, durability, performance or use of
"your work", and
(2) The providing of or failure to provide
warnings or instructions.
HG 00 01 09 16 Page 21 of 21
t.
.^'
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
A. If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided at least thirty (30)
days in advance of the cancellation effective date
to the certificate holder(s) with mailing addresses
on file with the agent of record or ihe Company.
B. If this policy is cancelled by the Company for
nonpayment of premium, or by the insured, notice
of such cancellation wili be provided within (10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known
mailing address of the certiflcate holder(s) on file with
the agent of record or the Company will be sufficient
proof of notice.
Any notification rights provided by this endorsement
apply only to active certificate holder(s) who were
issued a certificate of insurance applicable to this
policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to se�d notice shall
impose no liability of any kind upon the Company or its
agents or representatives.
Form IH 03 13 O6 11 Page 1 of 1
�O 2011. The Hartford
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venfure, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhauslion of its Limit of Insurance.
(2) Any organization ihat is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newiy formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply lo "bodily
injury" or "property damage" lhat results
from an "accidenP' that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION 11 - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liabilily Coverage is amended to
add:
e. The Iessor of a covered "auto" while the
"auto" is leased to you under a writte�
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" wiil be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
I�sured with regard to the
ownership, maintenance or use of a
covered "auto"
OO 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5
The insurance afforded to any such
additional insured applies only if lhe
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to fhe expiration of the period
of time that lhe wrilten contract
requires such insurance be provided
to ihe additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insura�ce shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Olher Insurance
If we cover a claim or "suiP' under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such ciaim or "suit"
to the other insurer for defense and
indemnity.
However, lhis provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured if Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insura�ce be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Otherinsurance 5.d.
(4) Primary Aod Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insura�ce.
Paragraphs (3) and (4) do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suif'. If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those otherinsurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence ofthisinsurance;and
(2) The tofal of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining Ioss, it any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding fhe following:
�O 2011, The Hariford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5
If an "employee's" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance wiil
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FE�LOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided u�der this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject ta the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to a�y owned "auto" for that
coverage. No deduclible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collecfible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
Iiable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This exlension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liabilily company),
or members of lheir households.
Form HA 99 16 03 12
5. PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
Iimit of $50 per day and a maximum limit of
$1,000.
6. LOANILEASE GAP COVERAGE
Under SECTION III - PHYSICAI DAMAGE
COVER,4GE, in the event of a total "loss" to a
covered "auto", we will pay your additional Iegal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means lhe amount you
owe on the loan(lease at the time of "loss" less
any amounts represenfing taxes; overdue
payme�ts; penaities, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
�\I'.7'•J_[�ZK�]�I�L71ei �
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs 6.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system ihat, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable irom a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
�O 2011, The Hartford (Includes copyrighted material
of ISO Properties, Inc., with its permission.) Page 3 of 5
(4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section �II — Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss". is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for lhe installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c. For each covered "auto", should loss be limited
to eleclronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Deciarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
ihe same "accidenY', the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deduclible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in I.OSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accidenP' applies only when the "accident" is
known to:
(1) You, ifyou are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a"suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
O 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 4 of 5
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The defi�ition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
ihese.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to lhe first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a"non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaced with a"hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of ihe number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricily or �atural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and o�e or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the infernal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
O 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5
SCHEDULE OF UNDERLYING
INSURANCE POLICIES
POLICY NUMBER: 2o RFiA IB4739
This schedule forms a part of the policy designated herein.
Named Insured and Mailing Address:
SYNERGY REFRIGERATION INC.
SEE IH1204
1520 AIRPORT DR
BALL GROUND GA 30107
(CHEROKIiS COUNTY)
Insurer, Policy Number and Period Type of Coverage
�p� HARTFORD UNDERWRITERS INSURANCE COMPANY
20 WEA ABIUTI
02/22/zi To oa/zz/zz
Employers' Liability
Applicable Limits
Bodily Injury Limit
$1,000,000
'�r,
Each accident
(by accident*)
Policy limit
(by disease*)
Each employee
(by disease')
$1,000,000
$1,000,000
(g� TRUMBULL INSURFINCE COMPANY
20 UEA IB5007
o2/2z/zl To oz/zz/z2
Commercial Auto Liabiliry
written to include all owned,
non-owned and hired autos,
except as listed below:
(C� HARTFORD UNDERWRITERS
20 UEA IB5006
oz/2z/zi To oz/zz/zz
INSURANCE COMPANY
Commercial General Liabilily
written to include alI coverages of
CG0001 or HG0001, except as
listed below:
Single liability Limit
$1,000,000
Split Liability Limits
$1,000,�00
$1,000,000
Sz,000,000
$2,000,000
Each accident
Bodily injury
each person
Bodily injury
each accident
Property damage
each accident
Each occurrence
limit
Personal and
advertising injury limit
General aggregate limit
(other ihan products-
completed operations)
Products-completed
opera�ions aggregate
limil
Form XL 00 05 05 02 PAGE 1(CONTINUED ON NEXT PAGE)
�
v
�`
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S)
This policy is subject to the following additional
Conditions:
A. If this policy is cancelled by the Company, other
than for nonpayment of premium, notice of such
cancellation will be provided at least thirty (30)
days in advance of the cancellation effective date
to the certificate holder(s) with mailing addresses
on file with the agent of record or the Company.
B. If this policy is cancelled by the Company for
nonpayment of premium, or by the insured, notice
of such cancellation will be provided within (10)
days of the cancellation effective date to the
certificate holder(s) with mailing addresses on file
with the agent of record or the Company.
If notice is mailed, proof of mailing to the last known
mailing address of the certificate holder(s) on file with
the agent of record or the Company will be sufficient
proof of notice.
Any notification rights provided by this endorsement
apply only to active cerfificate holder(s) who were
issued a cerlificate of insurance applicable to this
policy's term.
Failure to provide such notice to the certificate
holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate
cancellation of the policy. Failure to send notice shall
impose no liability of any kind upon the Company or its
agents or representatives.
Form IH 03 13 06 11 Page 1 of 1
OO 2011, The Hartford
, � _�-
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number: 20 WEAABIUTI Endorsement Number:
Effective Date: 02/22121 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: SYNERGY REFRIGERATION INC.
1520 AIRPORT DR
BALL GROUND GA 30107
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization for whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk
Countersig�ed by
Authorized Representative
Form WC 00 03 13 Printed in U.S.A.
Process Date: 02/10l21 Policy Expiration Date: 02/22/22