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HomeMy WebLinkAboutPW16-216 - Amendment - #1 - Landau Associates, Inc. - 72nd Ave S Extension - 02/27/2017 / 1r�/�79�r i0I a r�U, lr ��,1, r?lM 1rYA, � .�g/na;, � �/i ��%1 r/r, ryf� t/ Records M SENTDocument me %� WnsHinor'ow . i�/ - �� r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Landau Associates, Inc. Vendor Number: JD Edwards dumber Contract Number: I ~ " 0 ' 'his is assigned by City Clerk's Office Project Name: 72"d Ave. S. Extension Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract El Other: Contract Effective Date: 2/27/17 Termination Date: 8/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Ken Langholz Department: Engineering Contract Amount: $0.0 Approval Authority: (CIRCLE ONE) Cepartment Direct r Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Extended the time of mcompletion to August 31, 2017 so the Consultant can provide final inspection and documentation fo rthe project. As of: 08/27/14 I • KENT W A 5 H I N G T O N AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Landau Associates, Inc. CONTRACT NAME & PROJECT NUMBER: 72"d Ave. S. Extension ORIGINAL AGREEMENT DATE: May 23, 2016 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: No change is necessary to the scope of work, however an amendment is needed to extend the time of completion to August 31, 2017 so the Consultant can provide final inspection and documentation for the project. 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, $123,150.00 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $123,150.00 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $123,150.00 AMENDMENT - 1 OF 2 Original Time for Completion 4/1/17 (insert date) Revised Time for Completion under prior Amendments (insert date) Ad dl Days Required for this 1-52 calendar days Amendment Revised Time for Completion, 8/31/17 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may hiave 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. CONSULTANT/VENDOR: CITY OF KENT: B By:y:— (signature) '-- - '-/ (signature) Print game: Print Name: Timothy J. LaPorte, P.E. Its 0 C-y L-- Its Public Works Director (title) DATE: 2,21- DATE: -7 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Landau Associates-72"3 Amd I/Larlghulz AMENDMENT - 2 OF 2 ® DATE IMMIDDIYYYY) AC4R0 CERTIFICATE OF LIABILITY INSURANCE 12/23/2016 CIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS j TIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES OW. 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(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 endorsements. C"C' Certificate Department PRODUCER NAME: Servco Pacific Insurance PHONE No.Exti,206-216-4830AIC No):206-260-2903 IAI 800 Fifth Ave. Suite 2400 E-MAIL Seattle WA 98104 INSURERS AFFORDING COVERAGE NAIC 0 INSURER A:Lloyd's of London 15792 INSURED LANDASS-02 INSURER B:Contenental Casualty Company 20443 Landau Associates, Inc, INSURER C:Philadelphia Indemnity Insurance Co 18058 _ 130 2nd Avenue South INSURER D:Contonental Insurance Company 528 Edmonds WA 98020 INSURER E:Nateonal Fire Insurance Company of INSURER F:Alaska National COVERAGES CERTIFICATE NUMBER:1458857599 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 POLICY EFF POLICY EXP LIMITS LTR INSR POLICY NUMBER MMIDD MMIDDfYYYY B GENERAL LIABILITY Y Y C6046400327 12/31/2016 12/31/2017 EACH OCCURRENCE $1,000,000 I X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE a OCCUR MED EXP(Any oneperson) $15,000 PERSONAL 8 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 $ C fUTOMOBILE LIABILITY Y Y PHPK1589504 12/31/2016 12/31/2017 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ I D X UMBRELLA LIAR X OCCUR Y Y C6045400344 12/31/2016 12/31/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ E WORKERS COMPENSATION C8045400330 12131/201fi 12/3112017 X V4C STATU- X OTH- USL&H F AND EMPLOYERS'LIABILITY YIN 16L WU 09131 12/31/2016 12/31/20 I, ANY PROPRIETORIPARTNER/EXECUTIVE F-] NIA E.L.EACH ACCIDENT $1,000,000 OFFICERlMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000 000 A Professional Liability W13431160501 12/31/2016 12/31/2017 Per Claim $5,000,000 Inc.Pollution Liability Aggregate $5,000.000 Deductible $150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space is required) IF CERTIFICATE IS NO LONGER REQUIRED, PLEASE NOTIFY SERVCO PACIFIC INSURANCE DIRECTLY, Re: LAI project #334002, Geotechnical and environmental support services - 72nd Avenue South Extension project. City of Kent, is included as an Additional insured on General Liability, Automobile Liability, Umbrella, and Pollution Liability policies per the attached endorsements General Liability, Automobile and Umbrella Liability policies are Primary and Non-Contributory. waiver of Subrogation applies to General Liability, Automobile Liability, Umbrella Liability and Professional Liability policies. I 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 Attn: Nancy Yoshitakez ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fiurth Avenue South Kent, WA 98032 AUTHORIZED REPRESENTATIVE i ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Y , CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B - Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A - Excess Follow Form Liability only, if: a, the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. TransfePof Interest Form No: CNA75504XX (03-2015) Policy No:CUE 6045400344 Policy Page: 21 of 32 Policy Effective Date:1213112016 Underwriting Company: Continental Ins. Co, 333 5 Wabash Ave, Chicago,IL 60604 Policy Page: 31 of 47 0 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability CNAPolicy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII.DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. 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 equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or " Form No:CNA75504XX (03-2016) Policy No:CUE 6045400344 Policy Page: 22 of 32 Policy Effective Date:1213112016 Underwriting Company: Continental Ins. Co, 333 5 Wabash Ave, Chicago, IL 60604 Policy Page: 32 of 47 I E I o Copyright CNA All Rights Reserved. 1. the Named Insured; 2. a director or officer of the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 3. an employee or Temporary Employee of the Named Insured, but only for work done while acting within the scope of his or her employment and related to the conduct of the Named Insured's business; 4. a principal if the Named Insured is a sole proprietorship, or a partner if the Named Insured is a partnership, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 5. any person who previously qualified as an Insured under 2, 3 or 4 above prior to the termination of the required relationship with the Named Insured, but only with respect to the performance of his or her duties as such on behalf of the Named Insured; 6. the estate, heirs, executors, administrators, assigns and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this Insurance; 7. the Named Insured with regard to its participation in a joint venture, but solely for the Named Insured's liability that arises out of an act, error or omission in rendering or failing to render Professional Services by the Named Insured or for a Pollution Condition that arises out of the rendering of or failing to render Professional Services or the performance of or failing to perform Contracting Services by the Named Insured; and 8. solely with respect to Insuring Clause I.B., the client for whom the Named Insured performs or performed Contracting Services, provided that a written contract or agreement is in effect between the Named Insured and the client requiring the client to be an additional insured under the Named Insured's contractors pollution liability policy. However, such clients are covered under Insuring Clause I.B. of this Policy solely with respect to Damages and Claims Expenses arising from Contracting Services performed by or on behalf of the Named Insured and are not covered for any Damages and Claims Expenses arising from the client's own acts, errors or omissions. Clients of the Named Insured are covered under Insuring Clause I.B. of this Policy, subject to Clause Vill., only up to and to the extent of the Limits of Liability required by the written contract or agreement. F00139 Page 10 of 34 022011 ed. ti Policy Number:PHPK1589504 PI-CA-001 (09/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE ELITE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Page Coverage Applicable Limit of Insurance # Who is An Insured 2 Board Members Included Newly Acquired Entities Included Designated Insured Included Lessor of Leased Autos Included Cost of Bail Bonds $5,000 2 Reasonable Expenses—Loss of Earnings $500 per day 2 Fellow Employee Coverage Amended 3 Towing $100 per disablement 3 Glass Breakage Windshields and Windows No deductible applies 3 Transportation Expenses $100 per day/ $3,000 maximum 3 Hired Auto Physical Damage— Loss of Use $100 per day/$1,000 maximum 3 Hired Auto Physical Damage ACV or repair or replacement of the 4 vehicle whichever is less Personal Effects $500 4 Rental Reimbursement $100 per day/30 days 4 Accidental Discharge—Air Bag Amended 4 Electronic Equipment $1000 5 Original Equipment Manufacturer Parts Included 5 Replacement Auto Loan/Lease Gap Coverage Amended 5 One Comprehensive Coverage Deductible Per Amended 6 Occurrence Notice of and Knowledge of Occurrence Amended 7 Blanket Waiver of Subrogation Amended as required by written contract 7 Unintentional Errors or Omissions Amended 7 Mental Anguish—Bodily Injury Redefined Amended 7 Coverage extensions under this endorsement only apply in the event that no other specific coverage for these extensions is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted in this endorsement. Any deductible listed in the Auto Declarations Page will apply unless specific deductible provisions are set forth under a coverage enhancement below. Page 1 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number:PHPK1589504 PI-CA-001 (09/15) I. LIABILITY COVERAGE EXTENSIONS A. Who Is An Insured SECTION II—LIABILITY COVERAGE,A. Coverage, 1.Who Is An Insured is amended by adding the following: The following are also "insureds": 1. Board Members—Board members(or their spouses)while renting a vehicle while on business for the named insured. 2. Newly Acquired Entities—Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following the acquisition or the formation of the business entity. 3. Designated Insured—Any person or organization designated by the"insured" is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured Provision contained in SECTION II of the Coverage Form. 4. Lessor of Leased Autos—The lessor of a"leased auto" is an"insured"only for"bodily injury"or"property damage"resulting from the acts or omissions by: a. You; b. Any of your"employees"or agents; or c. Any person, except the lessor or any"employee"or agent of the lessor,operating a"leased auto"with the permission of any of the above. Any"leased auto" in the policy schedule will be considered a covered"auto"you own and not a covered "auto"you hire or borrow. The coverages provided under this endorsement apply to any leased auto" in the policy schedule until the expiration date of the lease,or when the lessor or his or her agent takes possession of the"leased auto,"whichever occurs first. "Leased auto" means an"auto"leased or rented to you, including any substitute, replacement or extra"auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. B. Cost of Bail Bonds SECTION II—LIABILITY COVERAGE, A. Coverage,2. Coverage Extensions, a. Supplementary Payments, Item(2)is deleted in its entirety and replaced with the following: (2) Up to$5,000 for cost of bail bonds(including bonds for related traffic law violations) required because of an "accident'we cover. We do not have to furnish these bonds. C. Reasonable Expenses SECTION II—LIABILITY COVERAGE,A. Coverage,2. Coverage Extensions, a. Supplementary Payments, Item (4)is deleted in its entirety and replaced with the following: Page 2 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number: PHPK1589504 PI-CA-001 (09/15) III. BUSINESS AUTO CONDITIONS A. Notice and Knowledge of Occurrence SECTION IV—BUSINESS AUTO CONDITIONS, A. Loss Conditions,2. Duties In The Event Of Accident, Claim, Suit Or Loss,Paragraph a. is deleted in its entirety and replaced with the following: a. In the event of"accident,"claim, "suit" or"loss," you must give us, or our authorized representative, prompt notice of the"accident"or"loss." Include: (1) How, when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Your duty to give us or our authorized representative prompt notice of the"accident"or "loss"applies only when the"accident"or"loss"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager,if you are a corporation. B. Blanket Waiver Of Subrogation SECTION IV—BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us, is amended by adding the following exception: However,we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage"arising out of the operation of a covered "auto"when you have assumed liability for such"bodily injury" or "property damage"under an "insured contract." C. Unintentional Errors or Omissions SECTION IV—BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. IV. DEFINITIONS A. Mental Anguish SECTION V—DEFINITIONS, C. "Bodily injury" is amended by adding the following: "Bodily injury"also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Page 7 of 7 ©2015 Philadelphia Indemnity Insurance Company Includes copyrighted material of Insurance Services Office, Inc.,with its permission. AArchitects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2 Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured—Extended Coverage 4. Boats S. Bodily Injury—Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability—Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance— Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage—Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation —Blanket 27. Wrap-Up Extension: OCIP,CCIP or Consolidated(Wrap-Up)Insurance Programs CNA74858XX (1-15) Policy No: C604600327 Page 1 of 17 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc..with its permission. Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effector becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises oo-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers,Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by,on behalf of,or for the Named Insured, including but not limited to: CNA74858XX (1-15) Policy No: C604500327 Page 2 of 17 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc.,with its permission. AMAL, A Architects, Engineers and Surveyors General Liability Extension Endorsement 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. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership,maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures; or b. the construction, erection,or removal of elevators;or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Policy No: C604500327 Page 3 of 17 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc.,with ds permission. f Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement,the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSUREDS INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; b. A partnership or joint venture,then its partners,members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds; or d. An organization other than a partnership,joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. CNA74858XX (1-15) Policy No: C604500327 Page 4 of 17 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc.,with its permission. CNAArchitects, Engineers and Surveyors General Liability Extension Endorsement limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of$250 shown for daily loss of earnings and replace it with a $1,000. limit. 26. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract orwritten agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated(wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved,this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): CNA74858XX (1-15) Policy No: C-604500327 Page 16 of 17 Endorsement No: 1 Effective Date: 12/31/2016 Insured Name: Landau Associates, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurence Services Office, Inc.,with ds permission.