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HomeMy WebLinkAboutCAG2022-478 - Change Order - #1 - Utilities Service Company, Inc. - 212th Treatment Plant New Pump - 04/10/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: Dani Hodgins for Dustin Phelan Public Works Date Sent: Date Required: c 04/10/2023 4/13/2023 CL Director or Designee to Sign. Date of Council Approval: CL Q Interlocal Agreement Uploaded to Website ❑✓ N/A Budget Account Number: Grant?[:]YesZNo 41005550.64110.7410 Budget?R]Yes:No Type: N/A Vendor Name: Category: Utilities Service Co., Inc. Contract Vendor Number: Sub-Category: = Change Order 0 Project Name: 212th Street Treatment Plant Backwash Water Recycle Pump E c Project Details: Extra time is still needed as a new um has not been received b � pump Y = Contractor due to supply chain issues. c a� E Agreement Amount: $22,322.85 original Basis for Selection of Contractor: Bid 47 `Memo to Mayor must be attached 3- Start Date: 4/10/23 Termination Date: December 31, 2023 Im Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: CAG2022-478 FlYesF]No Comments: Original Contract Number: CAG2022-478 - The attached Change Order is for an extension of time for the original contract. 3 cc N y •� i N 3 c f0 C V1 Date Routed to the City Clerk's Office: ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHINGTON CHANGE ORDER NO. 1 NAME OF CONTRACTOR: Utilities Service Company, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: 212' Treatment Plant Backwash Water Recycle Pump ORIGINAL CONTRACT DATE: December 21, 2022 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract 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, Contractor shall provide all labor, materials, and equipment necessary to: Extra time is still needed as a new pump has not been received by Contractor due to supply chain issues. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $22,322.85 (including applicable alternates and WSST) Net Change by Previous Change Orders $0 (incl. applicable WSST) Current Contract Amount $22,322.85 (incl. Previous Change Orders) Current Change Order $0 Applicable WSST Tax on this Change $0 Order Revised Contract Sum $22,322.85 CHANGE ORDER - 1 OF 3 Original Time for Completion 3/31/2023 (insert date) Revised Time for Completion under N/A prior Change Orders (insert date) Days Required (t) for this Change Order 275 calendar days Revised Time for Completion 12/31/2023 (insert date) The parties acknowledge that the Agreement terminated by its own terms on March 31, 2023. However, the City and Contractor express their mutual intent and desire to reinstate the Agreement; extend its term through December 31, 2023; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. In accordance with Sections 1-04.4 and 1-04.5 of the Kent and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order 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 contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: CITY OF KENT: Digitally signed by David A.Brock David A. BrockDNcn=DavidA Brock,o=Cityof Kent,oa.Public Works Operations,email=dbrock@kentwa.gov,-US Date:2023.04.10 10:48:25-07'00' By si By: (signature) gnature) Print Name: _ `'1-- Print Name: David A. Brock P.E. Its cP sr�r�� ) Its Deputy Director Operations (title) (title) DATE: I i� l DATE: CHANGE ORDER - 2 OF 3 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department P:\Admi n\Contracts\Da ni CHANGE ORDER - 3 OF 3 UTILSER-01 JWHALEY ACORO CERTIFICATE OF LIABILITY INSURANCE rD�NYYY) 22 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 endorsement(s). PRODUCER CONTACT Ashlee Wright HR Benefits, Inc. PHONE FAX 1595 NW Gilman Blvd,Ste 6B (A/C,No,Ext):(425)409-4417 (A/C,No): Issaquah,WA 98027 AD AIL awright@washingtontechnology.org INSURERS AFFORDING COVERAGE NAIC# INSURER A:Mesa Underwriters Specialty Insurance Co 36838 INSURED INSURER B:Progressive Casualty Insurance Co 24620 Utilities Service Company,Inc. INSURER C:Scottsdale Ind Co 15580 12608 E Marginal Way S INSURERD: Tukwila,WA 98168 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 EXP LIMITS LTR IN SD WVD MM DD MM DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR MP0004016006845 10/30/2022 10/30/2023 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JERCOT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO 042294030 10/30/2022 10/30/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOac RTY DAMAGE $ AUTOS ONLY AUTOS ONLY C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE X X CXS0014195 10/30/2022 10/30/2023 AGGREGATE $ 3,000,000 DIED I X I RETENTION$ 10,000 WORKERS COMPENSATION �,/N S PER OTH- AND EMPLOYERS'LIABILITY TATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as additional insured per policy endorsement forms.Waiver of subrogation applies per policy endorsement forms.Insurance is primary and non-contributory per policy endorsement forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE e_' ' ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY BUNDLE GOLD This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Summary of Coverages Provided by This Endorsement: Blanket Additional Insureds—As Required by Contract with Completed Operations Page 5 Blanket Waiver of Transfer of Rights of Recovery Page 7 Construction Per Project General Aggregate Limit- $5,000,000 Page 4 Contractual Liability (Railroads) Page 8 Contractual Liability Amendment (Personal and Advertising Injury) Page 5 Damage to Premises Rented to You - $1,000,000 Page 6 Liberalization Clause Page 7 Lost Key Coverage - $10,000 sublimit Page 3 Primary and Non-Contributory Provision Page 7 Property Damage — Care, Custody, or Control - $100,000 sublimit Page 3 Short-Term Pollution Event— Limited Coverage - $50,000 Page 2 Waiver of Governmental Immunity Page 8 MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 Insured Copy SHORT TERM POLLUTION EVENT - LIMITED COVERAGE Paragraph 2. Exclusions f. Pollution of SECTION I - COVERAGES—COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, does not apply to"bodily injury" or"property damage"due to an "occurrence" arising out of a "short-term pollution event' if the operations meet all standards of any statute, ordinance, regulation or license requirement of any federal, state or local government which apply to those operations. Subject to SECTION III— LIMITS OF INSURANCE, the most we will pay under Coverage A for"bodily injury" or"property damage" due to an "occurrence" arising out of a "short-term pollution event' is a sublimit of$50,000. This limit is included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. The following is added to SECTION V- DEFINTIONS: A. "Short-term pollution event' means a discharge, dispersal, release or escape of"pollutants" which: 1. Begins during the policy period; 2. Begins at an identified time and place; 3. Ends, in its entirety, at an identified time within forty-eight (48) hours of the beginning of the discharge, dispersal, release or escape of the "pollutants"; 4. Is not a repeat or resumption of a previous discharge, dispersal, release or escape of the same pollutant from essentially the same source within twelve (12) months of a previous discharge, dispersal, release or escape; 5. Does not originate from an "underground storage tank"; and 6. Is not heat, smoke or fumes from a "hostile fire." To be a "short-term pollution event', the discharge, dispersal, release or escape of "pollutants" need not be continuous. However, if the discharge, dispersal, release or escape is not continuous, then all discharges, dispersals, releases or escapes of the same "pollutants"from essentially the same source, considered together, must satisfy Provisions 1. through 6. of this definition to be considered a "short-term pollution event." B. "Underground storage tank" means any storage tank, including any attached pumps, valves or piping, buried below the surface of the ground or water, or which, at any time, had been buried under the surface of the ground or water and then subsequently exposed by any means. For the purposes of this definition, buried means that at least 10% of it is below the surface of the ground or water. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 8 Insured Copy LOST KEY COVERAGE The following is added to Paragraph 2. Exclusions j. Damage to Property (4) under SECTION I - COVERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY: We will pay up to $10,000 for each "occurrence"for the actual and necessary expense you incur to rekey or to adjust locks to accept new keys or, if required, new locks including cost of their installation at the customer's premises as a result of direct physical loss of or damage to their keys entrusted to you, subject to the following: A. Such insurance as is afforded by this endorsement shall not apply to damages caused by misappropriation, conversion, secretion, infidelity or any act of dishonesty on the part of any Insured, its "employees" or agents; B. The total liability of the Company for all damages as the result of any one "occurrence" shall not exceed the limit of liability stated above; C. The Company's obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount set forth in the policy. D. The Limit of Insurance for this coverage is based on each "occurrence" and is subject to a $25,000 aggregate limit. PROPERTY DAMAGE - CARE, CUSTODY, OR CONTROL The following is added to Paragraph 2. Exclusions j. Damage to Property under SECTION I— COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4)and (5)do not apply for the limited purpose of providing the coverage and sublimits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages arising out of "property damage"to: A. Personal property in the care, custody or control of the insured; and B. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations. The most we will pay under A. and B. above in any one "occurrence" or for all damages during any one policy period is a sublimit of$100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any"suit"for damages under A. and B. above ends when we have used up the applicable sublimit of liability in the payment of judgments or settlements under it. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 Insured Copy CONSTRUCTION PER PROJECT AGGREGATE A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single construction project: 1.A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to a maximum of$5,000,000. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the "products completed operations hazard", and for medical expenses under Coverage C, regardless of the number of: (a) Insureds; (b) Claims made or"suits" brought; or (c) Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for any given construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I—COVERAGES COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I—COVERAGES - COVERAGE C—MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of"bodily injury" or"property damage" included in the "products-completed operations hazard"will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III— LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 of 8 Insured Copy CONTRACTUAL LIABILITY AMENDMENT - (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract, written agreement or written permit with the Named Insured that any contractual liability exclusion for"personal and advertising injury" be removed from the policy, then Paragraph 2. Exclusions e. Contractual Liability of SECTION I—COVERAGES -COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY is deleted in its entirety and replaced with the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement." This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. BLANKET ADDITIONAL INSUREDS -AS REQUIRED BY CONTRACT Subject to the Primary and Non-Contributory provision set forth in this endorsement,SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization with whom you have agreed in a written contract, written agreement or written permit to add as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury" or"property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" caused, in whole or in part, by: A. Your ongoing operations, "your product," or premises owned or used by you . With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage"or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying 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; and 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong-doing 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, to the extent applicable under the Coverage Part to which this endorsement applies, the offense which caused the"personal and advertising injury," involved the rendering of, or failure to render, any professional architectural, engineering or surveying services. B. Your maintenance, operation or use of equipment, other than aircraft, "auto" or watercraft, rented or leased to you by such person or organization. A person or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such rented or leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any"occurrence" which takes place after the rental agreement or equipment lease expires. C. Your lease of premises from any person or organization, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any"occurrence"which takes place after you cease to be a tenant of that premises. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 8 Insured Copy D. Your ownership, maintenance or use of your premises but only with respect to the liability of any person or organization as mortgagee, assignee or receiver. This insurance does not apply to any`occurrence"which takes place after the mortgage is satisfied, or the assignment or receivership ends. E. Your operations performed by you or on your behalf for any state or governmental agency or subdivision or political subdivision, but only with respect to that state or governmental agency or subdivision or political subdivision for which a permit or authorization has been issued. F. Your completed operations arising out of"your work." Such person or organization is an additional insured only with respect to their liability arising out of"your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard"when that contract, agreement, or permit requires the additional insured be added with respect to liability arising out of"your work" performed under that contract, agreement, or permit and included in the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage", or"personal and advertising injury" caused by or arising out of work or operations performed by any "insured" or any contractor(s)or subcontractor(s)working directly or indirectly on behalf of any"insured" in connection with the new residential construction of the following: 1. Condominium or cooperative unit; 2. Town house; or 3. Single family house. New residential construction includes the conversion of an existing structure or structures to condominium or cooperative building(s) or complex(es), but does not include remodeling, repair or maintenance operations performed on any individual condominium, cooperative unit, town house, single family house or any other residential unit after it has been certified for occupancy or put to its intended use. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured, or the written permit issued, prior to the "bodily injury" or "property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You referenced in Paragraph 6 of SECTION III is increased to$1,000,000. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 8 Insured Copy PRIMARY AND NON-CONTRIBUTORY PROVISION The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: With respect to any person or organization included as an additional insured under this policy, this insurance shall be excess over any other insurance that person or organization has and such other insurance shall be primary unless: A. The additional insured is a Named Insured under such other insurance; B. You have agreed in a written contract, written agreement or written permit to include that additional insured on your General Liability policy on a primary and/or non-contributory basis; and C. The written contract or written agreement has been signed by the Named Insured , or written permit issued, prior to the "bodily injury" or"property damage" or, to the extent applicable under the Coverage Part to which this endorsement applies, "personal and advertising injury." LIBERALIZATION The following condition is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our company rules, your policy will automatically provide the additional coverage as of the day the revision is effective. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery we may have against a person or organization because of payments we make for"bodily injury" or"property damage" arising out of your ongoing operations or"your work" done under a written contract or written agreement and included in the "products-completed operations hazard," if: A. You have agreed to waive any right of recovery against that person or organization in a written contract or written agreement prior to loss; B. Such person or organization is an additional insured on your policy; and C. You have assumed the liability of that person or organization in that same contract, and it is an "insured contract". The section above only applies to that person or organization identified above, and only if the "bodily injury" or"property damage" occurs subsequent to the execution of the written contract or written agreement. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 8 Insured Copy CONTRACTUAL LIABILITY (RAILROADS) The following is added to Paragraph 9. "Insured Contract" of SECTION V—DEFINITIONS: Paragraph C. is deleted in its entirety and replaced with the following: C. Any easement or license agreement; Paragraph f. (1) is deleted in its entirety. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of"suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. All other terms and conditions of this policy remain unchanged. MUS 01 01 20158 0321 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Insured Copy