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11-090.00 AM Landshaper: Sculpture LandscapingAGREEMENT FOR CONSTRUCTION OR SERVICES A. M. Landshaper, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and A. M. Landshaper, Inc. hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Sculpture Landscaping Project (hereinafter "work ") in accordance with, and as described in Exhibit 1 (Scope of Services), which are by this reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord with the Contract Documents. The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract This agreement shall be in full force and effect upon execution and shall remain in effect until August 5, 2011. The City may terminate this agreement by ten days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Contractor: A fee based upon time and materials not to exceed $7,168.00 plus W.S.S.T. for the work, as full compensation for everything furnished and done under this agreement. 4. Payment The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below- stated address. Agreement for Construction Services Page 1 of 5 (lo- -C) �o The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. 5. Notice Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: A. M. Landshaper, Inc. Phone Number: (5 09) 921 -1000 Phone Number: 509- 468 -4335 Address: 11707 East Sprague Ave., Suite 106 Address: 8004 N. Market Street Spokane Valley, WA 99206 Spokane, Washington 99217 6. Applicable Laws and Standards The parties, in the performance ofthis agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailing Wages on Public Works Unless otherwise required by law, if this contract is for a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City," the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. Agreement for Construction Services Page 2 of 5 11. Warranty Unless provided otherwise in the Contract Plans or Contract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts oflnsurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. Agreement for Construction Services Page 3 of 5 C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability oflnsurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 14. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent ofthe Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 15. Waiver No officer, employee, agent, or other individual acting on behalf of either party, has the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof. Agreement for Construction Services Page 4 of 5 16. Assignment and Delegation Neither party shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 17. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties, and supercedes any prior oral or written agreements. This agreement may not be changed, modified, or altered, except in writing and signed by the parties hereto. 20. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person with an interest in this agreement. 21. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. 22. Severabilitv. If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Scope of services; 2. Insurance Certificates. IN WITNESS WHEREOF, the parties have executed this agreement this 15 th day of July , 2011. CITY OF SPOKANE VALLEY: 12k9;) ' -- City Manager CONTRACTOR: Owner Tax I.D. No.: _ -- BEDAcTED ATTEST: APPROVED AS TO FORM: City Clerk Office of 0 City Aft rn This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. Agreement for Constru You may petition for a review of our findings pertaining to any Page 5 of 5 redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. EmiorF #a PLANT LEGEND: 51'M Botanical Name Common Name Size A Arctostaphylos uva -ursi Kinnikinnick I Gal_ AL Abies lasiocarpa Subalpine Fir 2" Cal. C Corpus stolonifera 'Farrow' Arctic Fire Red Twig Dogwood 3 Gal. M Mahonia repens Creeping Mahonia 3 Gal. P Pinus flexilis 'Vanderwolf's Pyramid' Vanderwolf's Pyramid Pine 2" Cal. R Rosa nutkana Nootka Rose 5 Gal- SCALE TITLE DETAIL NUMBER 1 1/2" 1' ART PLANTINGS PROJECT 10 -0220 DATE MOUNTAIN MAN PLANTING PLAN eHEET L 6-28-2011 MICHAEL TERRELL LANDSCAPE ARCHITECT 1421 N. Meadowwood Lane, Suite 150 CITY OF SPOKANE VALLEY Llberty Lake, WA 99019 (509) e22 -7449 1P,7r J PLANT LEGEND: 51'M Botanical Name Common Name size AA Amelanchier alnifolia A Arctostaphylos uva -ursi AL Abies lasiocarpa M Mahonia repens P Prunus besseyi 5 Symphoricarpos albus Saskatoon Serviceberry Kinn ikinn i ck 5ubalpine Fir Creeping Mahonia Western 5andcherry Snowberry 5 Gal. I Ga I. 2" Cal. 3 Gal. 5 Asa I 5 Gal. SCALE TITLE DETAIL. NUMBER 1 1/2" = I' ART PLANTINGS PROJECT 10 -O22C DATE BERRY PICKER PLANTING PLAN �� e2 (0 -28 -2011 MICHAEL TERRELL LANDSCAPE ARCHITECT 1421 N. Meadowwood Lane, suite 150 CITY OF S POKANE VALLEY Liberty Lake, WA 99019 (509) 922 -1449 sculptue landscape.txt From: Mark Albin [mark @amlandshaper.com] sent: Thursday, ]une 30, 2011 9:40 AM To: Mike stone subject: sculptue landscape Mike, This proposal is for labor, equipment, and material needed to furnish and install the following as per plans with corrected scale of 1/8 " =1'. - Remove and dispose of existing turf - Establish grade - 8 Granite boulders - Concrete edging - Plant material as specified - 3" mulch $7,168.00 Did you receive any footing information for the "berry picker" structure? I included only a compacted gravel base. Thank You, Mark C. Albin President A.M. Landshaper Inc. office 509 - 468 -4335 Fax 509 - 468 -4225 Page 1 ACORD DATE (MM /DD/YYYY) TM CERTIFICATE OF LIABILITY INSURANCE 07/15/2011 PRODUCER 509.323.3232 FAX 509.323.3211 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Farmin, Rothrock & Parrott, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2110 N Washington ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite S Spokane, WA 99205 INSURERS AFFORDING COVERAGE NAIC # INSURED A.M. Landshaper, Inc. INSURERA: Travelers Insurance Company 8004 N. Market INSURER B: Spokane, WA 99217 INSURERC: INSURER D: I INSURER E: Cl1VFDA!_CC 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR ADD*L NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MMIDD LIMITS 2426 N. Discovery Place GENERAL LIABILITY 660- 1902NO68- IND -09 02/24/2011 02/24/2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DMAGE TO PREMISES Ea occurrence) $ 100 000 MED EXP (Any one person) $ 5 CLAIMS MADE a OCCUR PERSONAL &ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO LOC JECT AUTOMOBILE LIABILITY BA- 1977N889- 09 -SEL 02/24/2011 02/24/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000, BODILY INJURY $ ALL OWNED AUTOS A SCHEDULEDAUTOS (Per person) HIREDAUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMSMADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION 660- 1902NO68- IND -09 02/24/2011 02724/2012 X ToRYUMirs X ER AND EMPLOYERS' LIABILITY ECUTIVE� E.L. EACH ACCIDENT S 1 A OFFICE BEREXCLUDPJE (Mandatory In NH) - E.L. DISEASE - EA EMPLOYEE $ 1, E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, dasaibe under SPECIAL PROVISIONS below OT J ER Iniand Marine 660- 2804N915- TIL -09 02/24/2011 02/24/2012 $565,000 Leased /Rented Equip A $500 Deductible Special Form DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS C ity of Spokane Valley Parks and Recreation Department are named Additional Insureds per b lanketed insured # CGD1861103 for Sculpture Landscaping Project 1 40 day notice of cancellation for non - payment of premium. f.C�TIGIn ATC ung 11=0 1 ATIr Rl ACORD 25 (2009!01) W 1Ut10 -ZUUU A6.UKLI %oVKYUMA 1 IViY. All ngnrs re "Jervcu. The ACORD name and logo are registered marks of ACORD _ .._ ........ .........................._ ........_.... _.....__.... ............. .... ......_......._ . ..........._................... _....._. _....._._.._..._............... _._.._._.._.. . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Parks and Recreation Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2426 N. Discovery Place REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99216 Kelly Egan, CPCU LINDAP ACORD 25 (2009!01) W 1Ut10 -ZUUU A6.UKLI %oVKYUMA 1 IViY. All ngnrs re "Jervcu. The ACORD name and logo are registered marks of ACORD _ .._ ........ .........................._ ........_.... _.....__.... ............. .... ......_......._ . ..........._................... _....._. _....._._.._..._............... _._.._._.._.. . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26 (2009101) i t 60MMERCiAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured. I. Injury to Co- Employees and Co- Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew • Limit increased to $300,000 K. Non -Owned Watercraft — Increased C. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured — Managers or L. Increased Supplementary Payments Lessors of Premises. • Cost for bail bonds increased to $2,500 E. Blanket Additional Insured — Lessor of • Loss of earnings increased to $500 per day Leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury — Assumed by Contract N. Unintentional Omission H. Extension of Coverage — Bodily Injury O. Reasonable Force — Bodily Injury or Property Damage PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. WHO IS AN INSURED (Section Iq Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a.. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section 111). 2. This insurance does not apply to damage to l premises while rented to . you, or temporarily CG D1 86 1103 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL UABI&i w= o.= o of N` o o= m-- 003172 occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; C. b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section 111) is deleted and replaced by the following: Subject to 5, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. - The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a.. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of Page 2 of 5 ru COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by.endorsement. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work'; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is .excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a prk mary or contributory basis. . E. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section 10 is amended to include as an insured any person or organization (referred to below as "additional insured ") with Copyright, The Travelers Indemnity Company,. 2003. CG D1 86 1103 `uOMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. .Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, .whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the 'scope of their employ - sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. - BODILY . b. "Bodily injury" or "property damage" aris- INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): ing out of the sole negligence of such ad- ditional insured. (This insurance does not apply to:) Liability 3. The insurance afforded to the additional in- arising out of the willful violation of a penal sured is excess over any valid and collectible statute or ordinance relating to the sate of insurance available to such additional in- pharmaceuticals by or with the knowledge or sured, unless you have agreed in a written consent of the insured. contract for this insurance to apply on a pri- 5. For the purposes of determining the applica- mary or contributory basis. ble limits of insurance, any act or omission, F. INCIDENTAL MEDICAL MALPRACTICE together with all related acts or omissions in the furnishing of the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include "in- considered one "occurrence ". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2. above. "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and cot - ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be. excess of a. Medical, surgical, dental, laboratory, x -ray this policy. or nursing service or treatment, advice or G. PERSONAL INJURY — ASSUMED BY CON - instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER - medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and c. First aid. replaced by the following: d. "Good Samaritan services ". As used in (This insurance does not apply to:) this Provision F., "Good Samaritan ser- Contractual Liability vices" are those medical services ren- '!Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement.. r' This exclusion does not apply to liability for '•.._ CG D1 86 11103 Copyright, The Travelers Indemnity Company, 2003 Page .3 of 5 ........... ..._._ .._......... _.__ ...... . ....... .._ .................._..__........ m o o a a Oi= m= i COMMERCIAL GENERAL LIABILI`r f 2. 3. damages that the insured would have in the absence of the contract of agreement. Subparagraph f. of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third party or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time: 1. INJURY TO CO- EMPLOYEES AND CO- VOLUNTEER WORKERS 1. Your "employees" are insureds with respect to "bodily injury" to a co- "employee" in the course of the co- "employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co-"volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to. the con - duct.of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of WHO IS AN INSURED (Section 11) do not apply to "bodily injury" for which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WITH CREW 1: The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages): (This exclusion does not apply to.) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the Insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON -OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a water- craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. L. INCREASED. SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 1103 003173 2. In Part d. the amount we will pay for loss of earnings is increased to $500 a. day. M. KNOWLEDGE AND NOTICE .OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable af- ter knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of Section 11 — Who is An In- sured or an . "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section 11— Who Is An Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence ", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" which causes "bodily injury" or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. O. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE. The Expected Or Intended Injury Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury` or "property damage" resulting from the use of rea- sonable force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 COMMERCIAL GENERAL LIABILITY ` COMMERCIAL GENERAL LIABILITY o— o o= o= THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY - OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or "advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non - contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the able to such additional insured which covers such .insured is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 . Copyright 2005 The St. Paul.Travelers Companies, Inc. All rights reserved. Page 1 of 1 003171 Verify Workers' Comp Premium Status - Employer Liability Certificate Page 1 of 1 Washington State Department of Labor and Industries Employer Liability Certificate Department of Labor and Industries Employer Liability Certificate Date: 07/19/2011 UBI #: 601 701 273 Business Name: A M LANDSHAPER INC Legal Business Name: A M LANDSHAPER INC Account #: 816,368 -01 'Doing Business As' Name: A M LANDSHAPER INC Estimated Workers Reported: Quarter 1 of Year 2011 "7 to 10 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: AMLANI *971DO Expire Date: 2/24/2012 Account Representative: T2 / KATHY WITHERS (360)902 -4829 - Email: WITE235@lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190 https: // fortress. wa. gov/ lni/ crpsi lAcctInfoPrint.aspx ?Account1d= 81636801 &AccountManag... 7/19/2011