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Home My WebLink AboutBAKERSFIELD WELL & PUMP COMPANY 1A - 2012City of Santa Ana 1 Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647 -1520 if you have any questions. 9 n o, Use Only The agreement with AKE -PLS FiE- L -R� W-F—Li ANN IrLk' -'k 1! 60011 P-APJ� No. ZaiZ -a>-t z ( fpl1 was completed on _'31 - LD )> and final payment has been made. (List all amendments. Use space below if needed.) Department: PWa Phone /Ext.: 3 7>%/ Signature: Date: � ° f 7- 7,0f5-- Revised 10.31 -12 . Y A- 2012 -042 a�l1 K, V Y F t: !NT 1;, `7 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on March 5, 2012, by and between Bakersfield Well and Pump Company, a California corporation (`Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). j RECITALS: A. The parties entered into Agreement A-2011-032. dated February 7, 2011, (hereinafter "said Agreement ") by which Contractor has provided water well and booster pump maintenance and repair services. B. In accordance with the terms and conditions of said Agreement, the City hereby exercises its first option to renew, and the parties agree to add compensation to pay for services during the extended term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B -1, attached hereto and incorporated by this reference. The total sum to be expended among all contractors providing these services shall not exceed 5300,000.00, annually, during the term of this Agreement." 2. Pursuant to Section 3, TERM, the City hereby exercises its option to renew the term for an additional one -year period, through December 31, 2012. All services provided since January 1, 2012 shall be included within this renewal term. The City shall have the option to renew this Agreement, on the same terms and conditions, for up to two additional one -year periods. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: .JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, I Executive Director Public Works Agency CITY OF SANTA ANA ,,PAUL M. WALTERS Interim City Manager BAKERSFIELD WELL AND PUMP COMPANY EXHIBIT B -1 Fee Schedule 1/1/12— 12/31/12 I S / } � ( $ } ui B f § } k \ e e m � � � x W § LL ° < \ ) § � / 7�Qk s % # k k k k ) ui ' \ CY $ 2 I I $ $ } ) >GArk — \< j k /I 7 222)2 %u �A>o> § E 2)$§§ 3: co )Aa)?$ )/ m } ƒ 0 b < °o= 3 <� > 0 2 \ ( ƒ j [ CD k m � \ K / § ) / m ) 9 § S z« 2 \ 0 _ ƒ P< > CL \� /§§ @ <� f =u § ( 2 3 k k / m f m ■ e in ) \ / \ \ ` § . % / j } / / x z - {� 3 EL /a �� \ 8 \ § i ± m � � � x W § LL ° < \ ) § � / 7�Qk s % # C) 0 E��E e\#a� ui ' \ CY $ 2 I I $ $ LU LU ) >GArk — \< j k /I 7 222)2 %u �A>o> § �) 2)$§§ 3: co )Aa)?$ )/ m } ƒ 0 b < °o= 3 <� > \ ( § ( j [ k m 2 \ \ § § ) / m ) 9 § S m � � � x W § LL ° < \ ) § � / 7�Qk u-, I«o< U) E��E e\#a� § ' \ I I I $ m � � � x W § LL ° < _ § � / 7�Qk u-, I«o< E��E e\#a� \\ I I I $ $ LU LU ) >GArk — \< � k /I 7 222)2 %u �A>o> § �) 2)$§§ 3: co )Aa)?$ )/ m } # / \ 0 b < °o= 3 <� > \ ( § ( j [ k m 2 + § § ) / m ) 9 § S §} z« 2 m 0 _ R% P< > CL \� /§§ @ <� f =u ( 2 3 k k \ f m ■ e in ) m � � � x W § LL ° < _ § � 7�Qk u-, I«o< E��E e\#a� j § -0 ) >GArk — \< k /I 7 222)2 %u �A>o> �) 2)$§§ 3: co )Aa)?$ )/ m � � � x W Ate' ?! CERTIFICATE OF LIABILITY INSURANCE D" a,'NYM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Wells Fargo Insurance Setvioes USA, Inc. CA DOI Uc. f/OD08408 (916) 231 -1741 we OT PHONE MAIL 11017 Cobblenocit Drive, Suite 1DO PRODUCER ziMiNOU -oi Rancho Cordova, CA 95670-6049 INSURe s AFFORDING COVERAGE FIN 0 INSURED Zl m Industries, Inc. DBA:Bakera0eld Well S Pump Company 4545 E. Lincoln INSURER A: zu" American Insurance Cc 16535 INSURER a -. Filematl's,Fund. Insurance Co an 21.873 IHeunut c : Or)oBemon insurarm C xn n - - -- . .......... S 10,000 MU D: I f,000,0W INSURER E f GENERAL AGORECIATE ..... _ Fresno, CA 93725 E PRODUCTS•COUNOPAGO S 2.000.000 I. Vmnm"l .7 (:FFfIIFI(`a Tai I11111HeiF ft• z"Minz.] MG IMIA MIR -Mn. 4m M.J,.,., THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR TYPE OF INSURANCE WV5 POLICY USER POUC UCY LRAiTB A GENERALLIAeiL" X COMMERCIALGENERALLIABILITY CLAIMS -MADE Q OCCUR GLO831166207 3-1 -11 3 -1 -12 EACHOCCURRENCE 6 1,000000 $ 100,000 MED S(P ons S 10,000 PERSONAL d ADV RIR/RY I f,000,0W GENERAL AGORECIATE 4 2,000,000 GENtAGGREGATEUMIT APPLIES PE)4: POLICY X PRO. LOC PRODUCTS•COUNOPAGO S 2.000.000 S A AUTOMOBILE LIABILITY ANY AUTO ALL OWNEOAUTOS SCHEDULEDAUTOS HIRED AUTOS NON-OWNEDAUT03 BAP8311663Q7 3-1 -11 3 -1 -12 COMBINED SINGLE 1.1161117 (E• eccided) S 1,000.000 X BODILY INJURY (for poram) $ BOOILYIKUURYIPw wcldenl) S X X PROPERTY DAMAGE (PwomideM) S $ $ UMBRELLA UAB X EXCESS LIAR OCCUR CLAIMS-MADE SSE 000 5756 6657 3.1 -11 3 -1-12 EACH OCCURRENCE 9,000,000 AGGREGATE 9,000,000 DECUCTRILE RETFUTIO14 S S S A WORKERS COMPEWATION AND EMPLOYERS' LIABRITY ANY PROPRIETORIPARTNERIEkECIE YIN 0FFWZFVMEM5rR"CLUDED'1 (MendalorylnNH) It de9tflbe under OF O ERAn below NIA WC831166107 3 -141 3-1.12 X I WCSTATLL O E.L. EACH ACCIDENT S 1.000,000 EL- DISEASE - EAEMPLO 6 11000.000 E.L. DI - POLICY LIMIT $ 1,000,000 C C C IrIS11dMNoNBuidsn Risk RentedAASA d Equlpnwrd Scho&W Equipment 1 710026181.0002 710026181-0002 710026181.0002 3-1.11 3.1.11 3-1.11 31.12 31 -12 31.12 $1,000,000 $100,000 612,041,610 DESCRIPTION OF OPERATION81 LOCATIONS IWHICLES (At" ACORD 101, Additional Rwmks schedule, N nW$ epwn to required) City of Santa Ana, its officers employees, agents, volunteers and representatives are named as Additional Insured on the General Liability policy per the form UOL1176DOW32007 allached, Primary and non- con6tu" wo Ili City of Santa Ana U " I , �i�CCi `. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PWA, Water Resources `ltt t::'' -`., THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 $. Daisy Avenue (M-85) : `, C ' ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92703 AVTNORIZED REPRESERTATME WWI The ACORD name and toad are rArlil¢lnrllrl marks nt A[ nt2n ®'1988 -4008 ACORD CORPORATION. All riahts mearvod_ low -N I ti Additional Insured --- Automatic -- Owners, Lessees Or ZURICH Contractors Policy N(x Exp 609 of Pol lira hots nr Ed. Ascn y No. Add". t'r:m. Frowns WM. GLOB31166207 3 -1 -12 :.THIS ENVORSEMENT;C)}iMG99 = POI.YCV. ;PLEASE READ ' CAREFiT� •!'. NamYd jnsulred; Zim Industries, Inc. DBA:Bakerufield Well & Pump Company Addrrem i lncludWg ZIP Code): 4545 E. Uncoln Fresno, CA 93726 This endorsement modifies insurance provided under the: Commercial General Uoibiiity Coveriage Part A. Section 'll — Who Is Art Insured is smended to include as an insured any person or orQ aLution who you are re- quired to add as an additional insured on this policy under a written contract or written agreement. . B. The insurance provided to the additional insured person or organization applies only to "bodily 44ury4, "property damage" or "personal and advertising injury" covered under SECTION I • Cove" A - Bodily laJory And Prop- erty Damop Viability and Section f - Coverage B - Persotml And Advertisiat.linjauT Liability, but onlywith respect to liability for "bodily igjury ", "property datrtaga" or " personal and advertising injury" caused, in whale or in W, by: 1. Your sets or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly fran: a. Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" eompleteA as included is tfte "products- completed operations hazard", performed for the addi- tional insufcd, which is the subject of the written contract or written agxewwt. C. however, regtudless of the provisions of paragraphs A. and B. above: L We will not extend any insurance coverage to any additional insund person or organization: a. That is not provided to you in thin policy; or b. That is any btosder coverage than you are required to provide to the addhloiisl Insured person or organiza- tion in the written contract or written agrm nertt; and Z. We will not provide limits of Insurance to any additional insured person or organization that exceed the lower a. The Limits of Insurance provided to you in this policy; or b. The limits of Insurance you are required to provide in the written contract or written agreement, IntiludW COP01 31W MO(Wiil of lnSUMCA SsWiM (lMA Inc., with its pCMWIDn MX-1 C:W 012007) Pap I t42 . i��WrerrueArt pill irNi1 . D. The insuraucc provided to the additional insured person or organization flocs not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to ren- der any professional architectural, engineering or surveying services including: L The. pre or failing.to prepare or approve maps, shop_tlrawings, opinions, reports, surveys, field __. orders; change orders or- drawings- ant l- spccfftcatioeuand __..._ __... _..... 2. Supervisory, inspection, architectural or engineering activities. F. The additional insured must see to it that: 1. We are notified as soon as practicable of an `occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. '[iris provision does not apply to insurance on which the additional insured is a Named Insured, If the written contract or written agree- ment requires that this coverage be primary and non - contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Com- mercial Central Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non- contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added. to Paragraph 4.b, of the Other Insurance Condition of Section IV — Com- mercial General Liability Conditions: This insurance Is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, In which the additional insured on our policy is also covered as an additional Insured by attachment of an endorsement to another policy providing coverage for the sane "occurrence ", claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provida coverage to the additional insured on a primary and non - contributory basis. G. This endorsement does not apply to as) additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terns and conditions of this endorsement continue to apply as written. ht<lud� copyrigha�l material of hoorance Sunucs Ontae_ Inc., Frith its pemtissiotl. U -61 I M n CW (3/2007) page 2 of 2 _ 1111 IN IIII III IN 1111111111111111 ..._....._ 1 250152 AC40 O' CERTIFICATE OF LIABILITY INSURANCE DAT2 /28/2013YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER:' '` IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must a -endo ed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wells Fargo Insurance Services USA, Inc. CA DOI Lic. #OD08408 (916) 589 -8000 10940 White Rock Road, 2nd floor Rancho Cordova, CA 95670 -6076 NAME CT Tracy Dolan PHONE 916 589 -8 53 FAX 877 611 -1971 No. A/C No E-MAIL ADDRESS: tracy.dolan @wellsfargo.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zurich American Insurance Co 16535 INSURED Zim Industries, Inc. DBA:Bakersfeld Well &Pump Company 4545 E. Lincoln INSURER B: Fireman's Fund Insurance Company 21873 INSURER C: Aspen American Insurance Company 43460 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) INSURER D: PERSONAL & ADV INJURY INSURER E Fresno, CA 93725 INSURER F: .�cc ucww THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MMIDDY/YYYY MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IJ OCCUR GL0831166209 3 -1 -13 3 -1 -14 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO LOC $ A AUTOMOBILE LIABILITY BAP831166309 3 -1 -13 3 -1 -14 EO MBIINdEeDi SING LE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS X NON -OWNED AUTOS X PROPERTY DAMAGE Per accident $ $ B UMBRELLA LIAB X OCCUR SSE 00015019979 3 -1 -13 3 -1 -14 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9.000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ N/A WC831166109 3 -1 -13 3 -1 -14 X WC STATU- OTH- T T E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS below C C C Installation /Builders Risk Rented /Leased Equipment Scheduled Equipment IMAC95131513 IMAC95D513 IMAC95D513 3 -1 -13 3 -1 -13 3 -1 -13 3 -1 -14 3 -1 -14 3 -1 -14 $1,000,000 $100,000 $14,006,100 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as Additional Insured on the General Liability policy per the form attached, Primary and non - contributory wording applies. APPROVED AS TO t - '-- '-- ' - - - -'- I IVIY City f Santa Ana Laur SLM Shcedy y ?AS51SLd[lt City AIIOrne}' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PWA, Water Resources y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 S. Daisy Avenue (M -85) ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92703 AUTHORIZED REPRESENTATIVE — 11011- 041u IUYU dle leyisereu marKS or Al,,UNU v 1aus -ZU1U ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) Additional Insured —Automatic — Owners, Lessees Or Contractors ZURICH Policy No. I Eff, Date of Pal. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prom 12etum Prom. GLO831166209 31 -13 31 -14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Zim Industries, Inc. DBA:Bakersfield Well & Pump Company Address (including ZIP Code): 4545 E. Lincoln Fresno, CA 93725 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11 — Who is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising Injury" covered under Section 1 — Coverage A — Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or "your work" as included in the "products- completed operations hazard ", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or 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; and 2. Supervisory, inspection, architectural or engineering activities. U -GLA 175-E CW (04112) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with Rs permission. -It E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit " as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this Insurance be primary and non - contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph Is added to Paragraph 4.b. of the Other Insurance Condition of Section IV -- Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence ", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis.. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL- 1175 -E CW (04/12) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.