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HomeMy WebLinkAbout25-223.01 AM Landshaper, Inc. - Fall 2025 landscape maintenance at The Course CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND AM LANDSHAPER, INC. Spokane Valley Contract#25-223.01 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the Contractor mutually agree as follows: 1. Purpose: This Amendment is for the Contract for Fall 2025 Cross Course Maintenance at Flora Park by and between the Parties, executed by the Parties on December 31,2025. Said contract is referred to as the "Original Contract"and its terms arc hereby incorporated by reference. 2. Original Contract Provisions: The Parties agree that by signing this amendment they are agreeing to and reaffirming the terms and conditions of the Original Contract and will continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are as follows. Ail such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract,including any previous amendments thereto. Contractor shall provide additional services for spring maintenance as described in the"Supplemental Spring Scope of Work&Cost Statement."attached hereto as Exhibit B-1 and incorporated herein by this reference. The City shall pay up to an additional $5,395.50 for the additional services described in Exhibit B-1. 4. Compensation Amendment History: This is Amendment #1 of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount December 31,2025 $15,435.58 Amendment 41 to be executed $ 5,395.50 Total Amended Compensation $20,881.08 2 The parties have executed this Amendment to the Original Contract this J0 day of April,2026. C KANE VALLEY: CONTRACTOR: r John H man By: Mark C. Albin City M ager Its: Authorized Representative APPR VED AST FO Office the City Att rncy 1 AMLANDS-01 GHAYES ,4CO12o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/10/2026 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 Cara Longinotti NAME: Spokane Office Marsh McLennan Agency LLC (A//C,No,Ext):(509)363-4042 FAX No): 501 N.River point Blvd.,Ste 403 MAIL Cara.Lon Inotti/,,�MarshMMA.com p DDRESS: g- l:. Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company of America 12572 INSURED INSURER B: A.M. Landshaper,Inc. INSURER C: C/O Mark Albin 8004 North Market INSURERD: Spokane,WA 99217 INSURERE: 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 LTRINSD WAD IMM/DDIYYYYI IMM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X S 2568384 2/24/2026 2/24/2027 pREMIS S(Ea occurrence) $ 500,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEL'T r 1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X X S 2568384 2/24/2026 2/24/2027 BODILY INJURY(Per person) $ AUTOS EONS ONLY SCHEDULED SSWULNED BODILY INJURYp (Per accident)_$ AUTOS ONLY AUOTOS ONLY (Perr accdent)AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE X X S 2568384 2/24/2026 2/24/2027 AGGREGATE $ 1,000,000 I DED 1 X j RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ _ QFFICER/MEMBER EXCLUDED?(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 I VEHICLES (ACORD 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 Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SOMarshMcLennan Your flaunt is II Agency Certificate Disclaimer Due to the evolving changes and updates in state legislation across the country, Marsh McLennan Agency Northwest will no longer be adding additional verbiage to the Description of Operations on a Certificate of Insurance. We will not add Additional Insured, Primary & Non-contributory or Waiver of Subrogation language. The only exception will be project or name(s), project number(s), project locations. Instead, please see the attached endorsement copies that outline existing policy coverages. Coverage is determined by the policy, its terms and individual endorsements, and as established by the contract between the Named Insured and the Additional Insured. Thank you, Marsh McLennan Agency Northwest This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such.Marsh&McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein.Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors.Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affected if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change. d/b/a in California as Marsh & McLennan Insurance Agency LLC;CA Insurance Lic:OH18131.Copyright©2024 Marsh&McLennan Agency LLC.All rights reserved.MarshMMA.com Marsh&McLennan Agency LLC MarshMMA.com IM0MarshMcLennan Agency YourfitiaMtki Certificate Verbiage Statutes by State 1. Montana a. MCA 33-2-1403 b. MT State Statute - Certificates of Insurance 2. Washington: a. WAC 284-30-355 b. WA State Statute - Certificate of Insurance 3. Oregon: a. ORS 742.003 b. OR State Statute - Certificates of Insurance 4. Idaho: a. 41-1850 b. ID State Statute - Certificates of Insurance This document is not intended to be taken as advice regarding any individual situation and should not be relied upon as such.Marsh&McLennan Agency LLC shall have no obligation to update this publication and shall have no liability to you or any other party arising out of this publication or any matter contained herein. Any statements concerning actuarial, tax, accounting or legal matters are based solely on our experience as consultants and are not to be relied upon as actuarial, accounting, tax or legal advice, for which you should consult your own professional advisors.Any modeling analytics or projections are subject to inherent uncertainty and the analysis could be materially affected if any underlying assumptions, conditions, information or factors are inaccurate or incomplete or should change. d/b/a in California as Marsh & McLennan Insurance Agency LLC;CA Insurance Lic:0H18131.Copyright©2024 Marsh&McLennan Agency LLC.All rights reserved.MarshMMA.com Marsh&McLennan Agency LLC MarshMMA.com Contracting, Installation, Service and Repair General Liability Extended ElitePac® Endorsement COMMERCIAL GENERAL LIABILITY CG 79 88 10 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BLANKET ADDITIONAL INSUREDS If the written contract, written agreement, or written permit does not require that the 1. Ongoing Operations additional insured be added with respect to SECTION II — WHO IS AN INSURED is liability arising out of your ongoing operations, or amended to include as an additional insured: requires coverage for the additional insured to be included by the use of ISO's Additional a. Any person or organization for whom you Insured — Owners, Lessees or Contractors — are performing operations when you and Scheduled Person Or Organization such person or organization have agreed in endorsement CG 20 10 07-04 (or subsequent) a written contract, written agreement or edition or its equivalent, then such person or written permit that such person or organization is an additional insured only with organization be added as an additional respect to "bodily injury", "property damage" or insured on your commercial general liability "personal and advertising injury" caused in policy; and whole or in part by your ongoing operations performed under that contract, agreement, or b. Any other person or organization, including permit. any architects, engineers or surveyors not engaged by you, whom you are required to 2. Completed Operations add as an additional insured under your SECTION II — WHO IS AN INSURED is policy in the contract or agreement in amended to include as an additional insured: Paragraph 1.above; If the written contract, written agreement, or a. Any person or organization for whom you written permit requires the additional insured be are performing or have performed added with respect to liability arising out of your operations when you and such person or ongoing operations, or requires coverage for the organization have agreed in a written additional insured to be included by the use of contract, written agreement or written permit ISO's Additional Insured — Owners, Lessees or that such person or organization be added Contractors — Scheduled Person Or as an additional insured on your commercial Organization endorsement CG 20 10 10-01 general liability policy; and edition or its equivalent, such person or b. Any other person or organization, including organization is an additional insured only with any architects, engineers or surveyors not respect to liability arising out of your ongoing engaged by you, whom you are required to operations performed under that contract, add as an additional insured under your agreement, or permit. policy in the contract or agreement in Paragraph 1. above; Copyright, 2023 Selective Insurance Company of America.All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 If the written contract, written agreement, or This insurance does not apply to "bodily written permit requires the additional insured be injury", "property damage", or "personal and added with respect to liability arising out of"your advertising injury" occurring after: work" performed under that contract, agreement, or permit and included in the "products- (1) All work, including materials, parts or completed operations hazard", or requires equipment furnished in connection with coverage for the additional insured to be such work, on the project (other than included by the use of ISO's Additional Insured— service, maintenance or repairs) to be Owners, Lessees or Contractors — Completed performed by or on behalf of the Operations endorsement CG 20 37 10-01 additional insured(s) at the site of the edition or its equivalent, such person or covered operations has been organization is an additional insured only with completed; or respect to their liability arising out of"your work" (2) That portion of "your work" out of which performed under that contract, agreement, or permit and included in the "products-completed the injury or damage its intended use by arises has any b r person o or operations hazard". put to organization other than another If the written contract, written agreement, or contractor or subcontractor engaged in written permit does not require that the performing operations for a principal as additional insured be added with respect to a part of the same project. liability arising out of "your work" performed b. With respect to the insurance afforded to under that contract, agreement, or permit and these additional insureds under a. Ongoing included in the "products-completed operations Operations and b. Completed Operations, hazard", or requires coverage for the additional the following is added to 2. Exclusions insured to be included by the use of ISO's under SECTION I — COVERAGE A — Additional Insured — Owners, Lessees or BODILY INJURY AND PROPERTY Contractors — Completed Operations DAMAGE LIABILITY: endorsement CG 20 37 07-04 (or subsequent) edition or its equivalent, then such person or This insurance does not apply to: organization is an additional insured only with respect to liability for "bodily injury", "property "Bodily injury", "property damage", or damage" or "personal and advertising injury" "personal and advertising injury" arising out caused, in whole or in part, by "your work" of the rendering of, or the failure to render, performed under that contract, agreement, or any professional architectural, engineering permit and included in the "products-completed or surveying services, including: operations hazard". (1) The preparing, approving, or failing to 3. The insurance afforded to the additional prepare or approve, maps, shop insureds in Paragraphs 1. and 2. above: drawings, opinions, reports, surveys, field orders, change orders or drawings a. Does not apply unless the written contract or and specifications; or written agreement has been signed by the Named Insured or written permit issued prior (2) Supervisory, inspection, architectural or to the "bodily injury", "property damage" or engineering activities. "personal and advertising injury"; 5. Conditions b. Only applies to the extent permitted by law; and With respect to the insurance afforded to these additional insureds under a. Ongoing c. Will not be broader than that which you are Operations and b. Completed Operations the required by the written contract, written following is added to Paragraph 4. Other agreement, or written permit to provide to Insurance, a. Primary Insurance under such additional insured. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Exclusions This insurance is primary to and will not seek a. With respect to the insurance afforded to contribution from any other insurance available additional insureds under a. Ongoing to an additional insured under this policy Operations the following is added to 2. provided that: Exclusions under SECTION I — COVERAGE A— BODILY INJURY AND a. The additional insured is a Named Insured PROPERTY DAMAGE LIABILITY: under such other insurance; and Copyright, 2023 Selective Insurance Company of America.All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 b. You have agreed in a written contract, C. OTHER INSURANCE AMENDMENT — written agreement or written permit that this SUPPLEMENTAL COVERAGE FOR INSURED'S insurance would be primary and would not INVOLVEMENT IN A CONTROLLED (WRAP-UP) seek contribution from any other insurance INSURANCE PROGRAM available to the additional insured. 1. The following is added to SECTION IV — B. PROPERTY DAMAGE CARE, CUSTODY OR COMMERCIAL GENERAL LIABILITY CONTROL CONDITIONS, Paragraph 4. Other Insurance b. Excess Insurance (1)(a): 1. The following is added to Exclusion j. under SECTION I —COVERAGE A BODILY INJURY (v) That is covered by a "controlled (wrap-up) AND PROPERTY DAMAGE LIABILITY: insurance program" in which you are enrolled for your ongoing operations or Paragraphs (4) and (5) of this exclusion do not operations included within the "products- apply for the limited purpose of providing the completed operations hazard", unless such coverage and sub-limits of liability as set forth "controlled (wrap-up) insurance program" is below. specifically excluded from coverage on this We will pay those sums that the insured policy. becomes legally obligated to pay as damages 2. The following is added to SECTION V — because of"property damage"to: DEFINITIONS: a. Personal property, including keys, in the "Controlled (wrap-up) insurance program" care, custody or control of an insured; and means a centralized insurance program under which one party has secured either insurance or b. That particular part of real property on which self-insurance covering some or all of the you or any contractors or subcontractors contractors or subcontractors performing work working directly or indirectly on your behalf on one or more specific project(s). are performing operations, if the "property damage" arises out of those operations. D. FELLOW EMPLOYEE EXTENSION The most we will pay under a. and b. above in Under SECTION II — WHO IS AN INSURED any one "occurrence" or for all damages during Paragraphs 2.a. and 2.a. (1) are replaced by the any one policy period is a sub-limit of$100,000. following: These limits are included in and not in addition a. Your "volunteer workers" only while performing to the Limits of Insurance shown in the duties related to the conduct of your business, or Declarations of the Commercial General Liability your "employees", other than either your Policy. "executive officers" (if you are an organization other than a partnership, joint venture, or limited Our right and duty to defend the insured against liability company) or your managers (if you are a any "suit" for damages under a. and b. above limited liability company), but only for acts within ends when we have used up the applicable sub- the scope of their employment by you or while limit of liability in the payment of judgments or performing duties related to the conduct of your settlements under it. business. However, none of these "employees" or "volunteer workers" are insureds for "bodily 2. With respect this provision only, the following is injury" or "personal and advertising injury" added to Definition 17. under SECTION V — arising out of his or her providing or failing to DEFINITIONS: provide professional health care services. "Property damage" also includes adjustment of With respect to this provision only, locks to fit new keys or the cost of new locks, Subparagraph (1) of Exclusion 2. e. Employer's including their installation, when replacing keys Liability under SECTION I — COVERAGES, covered in Paragraph 1.(a) above provided that COVERAGE A BODILY INJURY AND such "property damage" is not a result of any PROPERTY DAMAGE LIABILITY does not dishonest act on the part of any insured, or the apply. insured's employees or agents, whether acting alone or in collusion. Copyright, 2023 Selective Insurance Company of America.All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 E. CONTRACTUAL LIABILITY (RAILROADS) G. WAIVER OF GOVERNMENTAL IMMUNITY Definition 9. under SECTION V— DEFINITIONS is We will waive, both in the adjustment of claims and amended as follows: in the defense of "suits" against the insured, any 1. Paragraph c. is deleted in its entirety and governmental immunity of the insured, unless the replaced by the following: insured requests in writing that we not do so. c. Any easement or license agreement; Waiver of immunity as a defense will not subject us 2. Paragraph f.(1) is deleted in its entirety. to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. F. CONTRACTUAL LIABILITY AMENDMENT — (PERSONAL AND ADVERTISING INJURY) H. DAMAGE TO PREMISES RENTED TO YOU If it is required in a written contract, written The Limit of Insurance for Damage To Premises agreement or written permit with the insured that any Rented To You is increased to$1,000,000. contractual liability exclusion for personal injury be removed from the policy, then Exclusion e. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced by 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". Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds—Primary and Non-Contributory Provision Page 8 Blanket Additional Insureds—As Required By Contract Page 5 • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) • Lessors of Leased Equipment • Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture • Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 8 Knowledge of Occurrence, Claim, Suit or Loss Page 8 Liberalization Clause Page 8 Mental Anguish Amendment(Not applicable to New York) Page 10 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Non-Owned Watercraft (under 60 feet) Page 3 Not-for-profit Members—as additional insureds Page 5 Personal And Advertising Injury—Discrimination Amendment(Not applicable in New York) Page 9 Products Amendment(Medical Payments) Page 4 Supplementary Payments Amended—Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 9 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery(subrogation) Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10