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HomeMy WebLinkAboutCAG2019-133 - Amendment - #1 - JECB, LLC - Consultant Services for LID 363 - S 224th St Project - 03/18/2020 Agreement Routing Form • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN T WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Nancy Yoshitake for Brian Shields Public Works Date Sent: Date Required: > 3/17/20 3/24/20 0 fl- Authorized to Sign: Date of Council Approval: a' ❑Director or Designee 0 Mayor N/A Q Budget Account Number: Grant? ❑Yes 0 No R90094 Budget? 0 Yes ❑ No Type: Vendor Name: Category: JECB, LLC Contract Vendor Number: Sub-Category: 0 127693 Amendment 0 Project Name: LID 363 - S. 224th St. Project - 88th Ave. to 94th PI. E 0 Project Details:Additional materials testing and construction management services. c a� E Agreement Amount: $46,145 Basis for Selection of Contractor: c)!> v Start Date: Mayors signature Termination Date: 12/31/20 Q Local Business? ❑Yes 0 No* *If meets requirements per KCC 3.10.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number:❑Yes El No (2 P, C)1 Q�1 Date Received by City Attorney: Comments: "I V L-D 3 0 c: � N �- RECEIVE® a+ 0 Da a oute to the Mayor's Office: • V1 Date Routed to the City Clerk's Office: City of Kent Ice o the Mayor da«wzz3 s_,_zo Visit Documents.KentWA.gov to obtain copies of all agreements • KENT W A 5 H 1 N G TO I AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: JECB, LLC CONTRACT NAME & PROJECT NUMBER: LID 363: S. 2241h St. Project ORIGINAL AGREEMENT DATE: March 7, 2019 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide additional materials testing and construction management services for the project. For a description, see Exhibit A which is attached and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II 'Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $130,515 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $130,515 including all previous amendments Current Amendment Sum $46,165 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $176,680 AMENDMENT - 1 OF 2 I r'ginal Time for Completion R�12/3 /20 (insert date) I Revised Time for Completion under nl � prior Amendments (insert date) j Add'I Days Required (f) for this i 0 calendar days Amendment i Revised Time far Completion t�/31/20 i (ins -- date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CON SUhTANTJViNDOR. CITY OF KENT: By: (signature) I By' Print-Name: ��-nature) Print Name: Dana Ralph 1�' ,���-�" _ (title) Its Ma or DATE: 3 f j / .; (title) ` DATE: 1t ATTEST: APPROVED AS TO FORM: -- f (applicable if Mayor's signature required) i r Kent City Clerk Ke t Law Department I E JEGB 224"'H.md 1(8,V o0 AMENDMENT - 2 OF 2 m__, EXHIBIT A From: @ryant.lason To: Kuehne,Paul Cc: t<Rt:nar.Eric Subject: FW:Phase 2 additional funding Date: Wednesday,February 05,2020 9:29:24 AM Attachments: ' 1!?36 3-274th Skrr j ,fi�v of Kent Fxttncian IRLt�17lARi1 tints 120 n k` Rcgucat for Contra Lnpini:91109 k Q eAensuon doc Paul, Attached is the request for contract extension for your review. Thank you, Jason Bryant, Capital Projects Manager Construction Management I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5541 1 Cell 253-261-5663 JBryantCA entWA aov CITY OF KENT, WASHINGTON KentWA.gov Facebook 4 tstr'f rf3t From: Jamie Hicks [mailto:lamieHicks50@msn.com] Sent: Monday, February 03, 2020 10:10 AM To: Bryant,Jason Subject: Phase 2 additional funding IEXTERNAL EMAIL Jason- After our discussion and driving through the project site it is apparent that additional testing will be required in order to finish the project. This additional testing coupled with the fact that you are starting a new project is the reason for the expanded project management also. This will allow for us to fill in for you in the project management role if you are busy on your new project. This estimate also includes the sampling of new materials since any backfill materials will be outside of 6 months since they were tested and as we understand all pits and quarries are currently re-establishing their depleted stock piles with additional materials so this requires additional sampling to verify accuracy within our testing. Thanks Jamie Hicks JECB Sent from Outlook JECB LID 363- 224th Phase 2 Additional Funding Proposal PROFESSIONAL.SERVICES Asphalt/Soils w/Densometer*** 1 $95.001 per hour 200 $19,00W)o Reinforced Concrete/Rebar Inspection*** $95.001 per hour 0 1 $0.00 Administrative Services $50.001 per hour 80 1 $4,000.00 Construction Inspection $115.001 per hour 180 $20,700.00 .1. flicks [A13TESTING SERVICES Asphalt. Ignition &Gradation (ASTM D2172) $175.00 each S $875.00 Asphalt, Rice Specific Gravity (ASTM D2041) $105.00 each 5 $525.00 Concrete,Cylinders Compression(ASTM C39) $25.00 each 0 $0.00 Concrete,Shot-crete panel Cores $50.00 each 0 $0.00 Concrete,Shot-crete panel Cores-Compressive Str. $50.00 each 0 $0.00 Soil,Moisture-Density Relation (ASTM D 1.557) $180.00 each 3 $540.00 Soil,Sand Equivalent Test(AST'M D2419) $75.00 each 1 $75.00 Soil, Sieve Analysis includes 200 Wash (C136) $125.00 each 3 $375.00 Soil, Fracture Count(ASTM D5821) $75.00 each 1 $75.00 Soil, Uncompacted Voids (ASTM C1252) $75.00 each 0 $0.00 Soil, Moisture-Density Relation (ASTM D698) $360.00 each 0 $0.00 Soil, Sieve Analysis-I lydrometer(D422) $185.00 each 0 $0.00 Soil, Liquid Limit-Plastic Limit(ASTM D4318) $210.00 each 0 $0.00 Soil,Ignition -% Organics (ASTM D2974) $125.00 each 0 $0.00 Soil, Ph $75.00 each 0 $0.00 Mileage NO CHARGE $0.00 Sample Pick Up NO CHARGE $0.00 ESTIMATED PROJECT TOTAL TOTAL $46,165,00 ""O vertime rates (1.5)apply for all work-over 8 hrs per shift, before lam, after 5 pm, holidays, or weekend JECB PO Box 832 Auburn, WA 98071 JECBLLC-02 ELIZABETH A��Ro CERTIFICATE OF LIABILITY INSURANCE DATE(M 6/26/201YYY) 2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT NAME: Griffin MacLean Inc (A/C,o 2340 130th Ave NE D150 ,EXt):(425) 822-1368 (FAIL,No):(425)822-2737 Bellevue,WA 98005 nooRlEss:info@griffinmaclean.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Co 24082 INSURED INSURER B JECB,LLC INSURER C Jamie Hicks PO BOX 832 INSURER D: Auburn,WA 98092 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE �X OCCUR X BZS56778701 6/26/2019 6/26/202U pREMGETO RENTED nce $ Included MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY D PRO- D LOC 4,000,000 JECT PRODUCTS-COMP/OP AGG $ OTHER: WA-Stop Gap Included A AUTOMOBILE LIABILITY (Ea aBINdEDt SINGLE LIMIT $ 1,000,000 ANY AUTO BZS56778701 6/26/2019 6/26/2020 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ _ I X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION PER OTH- ANDEMPLOYERS'LIABILITY Y/N TATUTE IER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in I _E yes,describe under L.DISEASE-EA EMPLOYEE $ nd - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 77 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORO 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � DATE(MM/DDNYYY) AC� � CERTIFICATE OF LIABILITY INSURANCE 12/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOTAFFIRMATIVELY 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 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 NAME: Stanford Insurance Inc PHONE FAX AJC No Ext: A/C No): 909 S 336th St Ste 102 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC A Federal Way WA 98003 INSURER A: Continental Casualty 20443 INSURED INSURER B JECB,JECB, Inc,JEBC-Jason Enginerring&.Consulting INSURERC PO Box 832 INSURER D INSURER E Auburn WA 98071 NSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DING 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 AUUL 5UL3K POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD VWD POLICY NUMBER MMIDD/YYYY MMIDDfYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE 77 RENT CLAIMS-MADE F OCCUR PREMISES(Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ POLICY 0 PRO- JECT F LOC PRODUCTS-COMP/OPAGG $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED P INJURY BODILY INJUer accident AUTOS AUTOS ( ) $ NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y J N ISTATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE NIA . $ OFFICER/MEMBER EXCLUDED? ❑N E.L EACH ACCIDENT (Mandatory in NH) EL.DISEASE-EAEMPLOYE $ f yes,describe under DESCRIPTON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability $2,000,000/$2,000,000-PL A MC H591896631 12/31/2019 12/31/2020 DESCRIPTION OF OPERATIONS!LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 2200 4th Ave So AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A. Supplementary Payments Section A.I. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension -Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.1.f.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a$500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n. and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F. Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: O 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any 'occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. 'Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, 'location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the 'occurrence" is known to any insured listed in Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.I. Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 w ' I. Section F.Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with 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 with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" 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. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) 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, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4