HomeMy WebLinkAboutR14-002 Landmark Environments, Inc. Agreement AGREEMENT FOR PROCUREMENT AND INSTALLATION SERVICES BETWEEN RIVERVIEW APARTMENTS PRESERVATION,LP AND LANDMARK ENVIRONMENTS,INC. THIS AGREEMENT("Agreement")is effective as of the 2411•day of August,2014 by and between Landmark Environments,Inc,an incorporated Colorado landscaping company(hereinafter"Contractor")and Riverview Apartments Preservation,LP,a Colorado Limited Partnership(hereinafter"RAP"). RECITALS WHEREAS,three 10-foot Spruce trees and five 3-inch Aspen trees are to be planted around the playground in behind building D at the Riverview Apartments located at 39169 US Hwy 6&24,Avon,CO 81620(the"Property") order to screen the area from the neighbors;and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,expertise,and experience necessary to provide the equipment,materials and installation services as set forth below in paragraph l hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and RAP in connection with the procurement of equipment,materials and services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and RAP agree as follows: 1. Services or Work. Contractor agrees to procure the materials,equipment and/or products("Materials") necessary for the Project and agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the procurement and installation services described in Exhibit A("Services"or"Work") which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than September 30,2014,and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractoragrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. c. RAP shall have the right to inspect all Materials. Inspection and acceptance shall not be unreasonably delayed or refused. In the event RAP does not accept the Materials for any reason in its sole discretion,then Contractor shall upon RAP's request and at no charge to RAP: i take the Materials back; exchange the Materials;or 1 RAP Procurement and Installation Final 5/14 DDT- iii. repair the Materials. 2. RAP's Representative. The Maintenance Supervisor,William Wright,will be the Housing Department's designee and shall be Contractor's contact with respect to this Agreement and performance of the Services. • 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of paragraph 11 hereof,shall continue in full force and effect through the 30th day of September, 2014. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by RAP for such additional services in accordance with RAP's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services,and no claim that RAP has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder.In the event that written authorization and acknowledgment by RAP for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. RAP shall compensate Contractor for the Materials and performance of the Services in a sum computed and payable as set forth in)exhibit A. The Materials and performance of the Services under this Agreement shall not exceed$3,990.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by RAP. a. Payment will be made for Materials and Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as RAP may request. b. If,at any time during the term or after termination or expiration of this Agreement,RAP reasonably determines that any payment made by RAP to Contractor was improper because the Materials or Services for which payment was made were not provided or performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from RAP,Contractor shall forthwith return such payment(s)to RAP. Upon termination or expiration of this Agreement,unexpended funds advanced by RAP, if any,shall forthwith be returned to RAP. c. RAP will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that RAP has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without RAP's prior written consent,which may be withheld in RAP's sole discretion. RAP shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom RAP has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor, as approved by RAP and to the extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward RAP.RAP shall have the right(but not the obligation)to 2 RAP Procurement and Installation Final 914 enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents,employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include RAP,its associated or affiliated entities,its successors and assigns,elected officials,employees,agents and volunteers as additional insureds.A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. Contractor's certificates of insurance shall include subcontractors,if any as additional insureds under its policies or Contractor shall furnish to RAP separate certificates and endorsements for each subcontractor. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that RAP is relying on,and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or tights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to RAP,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. v. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless RAP,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which RAP may become subject to insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder;and Contractor shall reimburse RAP for reasonable attorney fees and costs,legal and other expenses incurred by RAP in connection with investigating or defending any such loss,claim,damage,liability or action. This indemnification shall not apply to 3 RAP Procurement and Installation Final 5/14 claims by third parties against the RAP to the extent that RAP is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents(including electronic files)and materials obtained during, purchased or prepared in the performance of the Services shall remain the property of RAP and are to be delivered to RAP before final payment is made to Contractor or upon earlier termination of this Agreement.Further, Contractor shall execute any bill of sale or other documents required by RAP to transfer title of the Materials to RAP.Contractor shall provide copies of any instruction or operations or care manuals and shall further provide copies of any manufacturers warranties associated with the Materials. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i)personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii)when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. RAP: Attention:Jill Klosterman 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8773 Facsimile:970-328-8787 E-mail:jill.klosterman @eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-mail:atty@eaglecounty.us CONTRACTOR: Landmark Environments,Inc Attn:Craig Large 2865 Salt Creek Road Eagle,CO 81631 Telephone:970-376-6799 E-Mail:craig @landmarkenvironments.com 11. Termination. RAP may terminate this Agreement,in whole or in part,at any time and for any reason,with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide RAP with all documents as defined in 4 RAP Procurement and Installation Final 5/14 • paragraph 9 hereof,in such format as RAP shall direct and shall return all RAP owned materials and documents. RAP shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue.Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado,which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement.Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(i) Electronic or facsimile delivery of a fully executed copy of the signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to I21. 14. Other Contract Requirements and Contractor Representations_ a. Contractor has familiarized itself with the intended purpose and use of the Materials,nature and extent of the Services to be provided hereunder and the Property,and with all local conditions,federal,state and local laws,ordinances,rules and regulations that in any manner affect cost,progress,or performance of the Services. b. Contractor will make,or cause to be made,examinations,investigations,and tests as he deems necessary for the performance of the Services. c. To the extent possible,Contractor has correlated the results of such observations,examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible,Contractor has given RAP written notice of all conflicts,errors,or discrepancies. e. Contractor shall be responsible for completeness and accuracy of the Services and shall correct,at its sole expense,all significant errors and omissions in performance of the Services. The fact that the RAP has accepted or approved the Materials and/or Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f. Contractor hereby represents and warrants that the Materials will be healthy and will perform the Services in a good and workmanlike manner and guarantees all Work against defects in materials or workmanship for a period of one(1)year from the date the Work is accepted by RAP,or such longer period as may be provided by the law or as otherwise agreed to by the parties. g. All guarantees and warranties of Materials furnished to Contractor or any subcontractor by any manufacturer or supplier are for the benefit of RAP. If any manufacturer or supplier of any Materials furnishes a 5 RAP Procurement and Installation Final 5114 guarantee or warrantee for a period longer than one(1)year,then Contractor's guarantee or warrantee shall extend for a like period as to such Materials. h. Contractor warrants that title to all Work and Materials shall pass to RAP either by incorporation into the Property or upon receipt by Contractor of payment from RAP(whichever occurs first)free and clear of all liens,claims,security interests or encumbrances. Contractor further warrants that Contractor(or any other person performing Work)purchased all Materials free and clear of all liens,claims,security interests or encumbrances. Notwithstanding the foregoing,Contractor assumes all risk of loss with respect to the Materials until the Materials is installed and RAP has inspected and approved the same. i. Within a reasonable time after receipt of written notice,Contractor shall correct at its own expense,without cost to RAP,and without interruption to RAP: i. Any defects in materials or workmanship which existed prior to or during the period of any guarantee or warranty provided in this Agreement;and ii. Any damage to any other Work or property caused by such defects or the repairing of such defects. j. Guarantees and warranties shall not be construed to modify or limit any rights or actions RAP may otherwise have against Contractor in law or in equity. k Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. I. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of RAP. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between RAP and Contractor except that of independent contractor.Contractor shall have no authority to bind RAP. m. Contractor represents and warrants that at all times in the performance of the Services,Contractor shall comply with any and all applicable laws,codes,rules and regulations. n. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. o. Contractor shall not assign any portion of this Agreement without the prior written consent of the RAP. Any attempt to assign this Agreement without such consent shall be void. p. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. q. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. r. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 6 RAP Procurement and Installation Final 5/14 s. The signatories to this Agreement aver to their knowledge,no employee of RAP has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. t. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S.24-76.5-103 prior to the effective date of this Agreement 15. Prohibitions on Contracts. a. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S.8-175-101,et.seq.If Contractor has any employees or subcontractors,Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the contract for services. b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: i. Notify the subcontractor and RAP within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three(3)days of receiving the notice required pursuant to subparagraph(i)of the paragraph 14(b)the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three(3)days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. c. If Contractor violates these prohibitions, RAP may terminate the Agreement for breach of contract.If the Agreement is so terminated specifically for breach of this provision of this Agreement,Contractor shall be liable for actual and consequential damages to RAP. d. RAP may notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and RAP terminates the Agreement for such breach. [Rest of page intentionally left blank) 7 RAP Procurement and Installation Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. Riverview Apartments Preservation LP By and through Riverview Apartments Preservation LLC,its general partner By and through Eagle County Housing and Development Authority,its sole member By: ,�_• Jill Klos an Executive Director CONTRACTOR: By - L. Print Name: Leo r Title: 8 RAP Procurement and Installation Final 5114 EXHIBIT A SCOPE OF SERVICES,MATERIALS,SCHEDULE,FEES 9 RAP Procurement and Installation Final 5/14 9/9/2014 Eagle County Government Mail-Riverview Playground Trees 14TM C.:(1 to EAGLE COL/ Riverview Playground Trees Craig Large<craig @landmarkenvironments.com> Mon, Jul 21, 2014 at 9:15 AM To: "daniel.murray @eaglecounty.us" <daniel.murray @eaglecounty.us> Cc: "daisy.colmenero @ eaglecounty.us" <daiisy.colmenero @eaglecounty.us> Good Morning. The following trees are proposed to help screen the playground at Riverview. 1.Spruce 10'-3 at$750 each-$2,250. 2.Aspen 3"-5 at$225 each-$1,125. 3. Irrigation-each tree-8 at$30-$240 4. Topsoil/compost mix for backfill -per bag -25 at$15-$375. Total =$3,990.00 Please let me know if you have any questions. We look forward to doing business with you. Thank You, Craig Large 970-376-6799 hops://mai I.google.com/mail/u/0/?ui=2&ik=ac3eb3614d&view=pt&q=craig%40landmarkenvironments.com&qs=true&search=query&msg=147597dc08a.. 1/1 EXHIBIT B INSURANCE CERTIFICATES • • • 10 RAP Procurement and Installation Fnal 5/14 A °° R ® CERTIFICATE OF LIABILITY INSURANCE 9/3/2014) 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 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 Melinda Currier NAME: Moody-Valley Insurance Agency, Inc. PHOONtJ E:n: (970)248-8313 I FAX (970)242-1e94 (ac.Noe 760 Horizon Dr, Suite 302 ADORess;melinda.currier @moodyins.com INSURER(S)AFFORDING COVERAGE NAIC i Grand Junction CO 81506 INSURERA:Cincinnati Insurance Companies 10677 INSURED INSURER B:Pinnacol Assurance 41190 Landmark Environments Inc. INSURERC: PO Box 1024 INSURERD: INSURER E: Eagle CO 81631 INSURERF: COVERAGES CERTIFICATE NUMBER:14-15 With Forms 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY ENP 023 92 98 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY Additional insured status PRMMGE TO RENTED PREMISES(Ea occurrence) $ 500,000 A CLAIMS-MADE I x OCCUR X applies only to the 3/1/2014 3/1/2015 MEDEXP(Anyoneperson) $ 10,000 extent provided in PERSONAL&ADV INJURY _ $ 1,000,000 form GA233 (2/07) GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS-COMP/OP AGG $ 2,000,000 GE 7C I POLICY X JECT n LOC $ AUTOMOBILE LIABILITY EN? 023 92 98 CO BII ED SINGLE LIMIT $ 1,000,000 (Ea A X ANY AUTO Additional insured status BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X applies only to the 3/1/2014 3/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED extent provided in PROPERTY DAMAGE $ AUTOS (Per accident) Forms AA4171 & AA4172 $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS UAB CLAIMS-MADE ENP 023 92 98 AGGREGATE $ 1,000,000 DED X RETENTIONS 10,000 Follows Forms 3/1/2014 3/1/2015 $ B WORKERS COMPENSATION X I WCY LIMBS I 10TH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? I I N/A 4056630 5/1/2014 5/1/2015 (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 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,N more space is required) Riverview Apartments Presevation, LLP and Eagle County are named as additional insureds on the general liability -written contract required. CERTIFICATE HOLDER CANCELLATION info@eaqlecounty.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Riverview Apartments Preservation, LLP c/o Eagle County PO Box 850 AUTHORIZED REPRESENTATIVE 500 Broadway A Eagle, CO 81631 ,'� ` � !G M Currier/MELCUR �---- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025/2nlnnclm The Anflan name and Innn am renis+ererl marks of Annan THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 03-01-2014 ESA 023 92 98 Named Insured: LANDMARK ENVIRONMENTS INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation of a covered "auto" when you have assumed TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury"or"property damage" We waive any right of recovery we may have occurs subsequent to the execution of the"in against any person or organization because sured contract". AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 03-01-2014 ESA 023 92 98 Named Insured: LANDMARK ENVIRONMENTS INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I.Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA41711105 PINNI%COL 7501 E Lowry Blvd ASSURANCE Denver, CO 80230-7006 303-361-4000/800-873-7242 www.pinnacol.com NCCI#:WC000313B Policy#:4056630 Landmark Environments Inc Moody-Valley Insurance Agency, Inc. Box 1024 760 Horizon Drive Eagle,CO 81631 #302 Grand Junction, CO 81506-1509 (970)243-3421 ENDORSEMENT: Blanket Waiver of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule.This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured,which is in effect and executed prior to any loss. Effective Date: May 1,2014 Expires on:May 1,2015 Pinnacol Assurance has issued this endorsement May 1,2014. Michelle Mena Underwriter 7501 E Lowry Blvd Denver,CO 80230-7006 Page 1 of 1 P ISA- 05/01/2014 19:59:32 4056630 41186184 359-B