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16-071.01 Epic Land Solutions: Pines/Grace Intersection Safety CONTRACT AMENDMENT No. 1 TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND EPIC LAND SOLUTIONS,INC. Spokane Valley Contract# 16-071.6 1 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and Epic Land Solutions,Inc. mutually agree as follows: 1. Purpose: This Amendment is for the Contract for ROW services for the Pines Rd (SR 27) and Grace Ave Intersection Safety Project by and between the Parties,executed by the Parties on April 19,2016 and which terminates on December 31,2017. Said contract shall be referred to as the"Original Contract"and its terms are hereby incorporated by reference. Total compensation under the Original Contract is not to exceed$10,500. 2. Original Contract Provisions: The Parties agree to 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: This Amendment is subject to the following amended provisions, which are either as follows, or attached hereto as Appendix "A". All 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. See Appendix A 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 4/19/2016 $10,500.00 Amendment#1 $ 5.200.00 Total Amended Compensation $15,700.00 The parties have executed this Amendment to the Original Contract this IS day of U4 ,2016. CITY OF SPO N VALLEY: COt SULTANT: Mark Calhoun By: � n Ip Acting City Manager Its: S; ATT Tz APPROVED AS 0 FORM: Christine Bainbridge,City Clerk - Office o he City Attorney 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid (including Amendment 1) from $10,500, to $15,700. Paragraph 3 of the Original Contract is amended to read as follows: City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $15,700 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra, further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore, 2. The Scope of Work, (Exhibit A) of the Original Contract, is hereby amended to include the following additional tasks and/or services: In addition to the scope of work in Exhibit A of the original contract the Consultant shall prepare a new Administrative Offer Summary and negotiate a new 18 month Temporary Construction Easement for tax parcel 45102.0103, owned by John Hinkle. The work shall be billed at the time and materials rates included in the attached ELS 5/9/2016 Supplemental scope of fess to agreement#16-071. 2 5/47/ 0 Epic Land Solutions, Inc. 111 W. North River Dr.,Suite 201 Spokane WA 99201 Supplemental scope of fees to agreement#16-071 To: City of Spokane Valley, Craig Aldworth RE: Pines Rd (SR 27) & Grace Avenue Intersection Safety Project—HSIP-0027 (013) Epic Land Solutions is formally submitting a supplemental scope of fees to the above referenced project due to an additional parcel.This parcel has been previously negotiated and closed. There is an existing temporary construction agreement that will expire prior to construction. Because this parcel has been negotiated and closed, WSDOT will require that a new AOS be created and the parcel be negotiated as a new parcel. Below is a revised scope of fees in addition to original agreement: Name Acquisition NTE fee Acquire strip acquisitions in fee,TCE's, permanent or border easements where 1 parcel @ $4,200.00=$4,200.00 applicable on parcel #45102.0103 Appraisal (AOS) services on the above same parcel.The cost includes AOS services. $1,000.00 Total $5,200.00 The above not-to-exceed will be bill on a time and expense basis with staff hours at the following rates. Fees provided above are based on the scope described in its entirety and the consequential economies of scale. Should the scope be reduced, a revised cost estimate will need to be developed and submitted. Creating Land Solutions for the Public Good www.epicland.com Staffing Hourly Rates Regional Manager $145 Project Manager $125 Senior Agent $95 Agent $53 Cost assumptions: • Cost assumes the acquisitions will take place within 3 months of the start of negotiations • Cost does not include purchase of preliminary title reports or recording fees. It is assumed title reports will be provided by the City of Spokane Valley. • City of Spokane Valley will provide documents for transferring title and provide a means for closing acquisitions either by the City of Spokane Valley or by a local Title Company. • City of Spokane Valley to provide legal descriptions of the ROW area to be acquired. • Condemnation preparation to be charged additional to not to exceed at hourly rates above. Court/Arbitration hearing preparation and/or testimony is two times the hourly rates provided above. • No relocation services are included. Invoicing for actual time and expenses incurred will be submitted on a monthly basis with payment due within 30 days. ACCEPTED: City of Spokane Valley Signature Title Date Creating Land Solutions for the Public Good www.epicland.com • ���••.� EPICLAN-01 MGORBET r4 C0R01 CERTIFICATE OF LIABILITY INSURANCE DATE(MM'0'rYYY' 411312016 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: INSURICA-Oklahoma City PHONE 523-21 QQ FAX (405)556-2332 5100 N.Classen Blvd,#300 E„„:(405) (A1C,Noy Oklahoma City,OK 73118 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC t/ INSURER A:Houston Casualty Company 42374 INSURED INSURER B: Epic Land Solutions,Inc. INSURER C: 2601 Airport Dr. Suite 115 INSURER 0: Torrance,CA 90505 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING 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. LTR TYPE OF INSURANCE INSD I WV., POLICY NUMBER (POLICY IDDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH.000URRENCE S CLAIMS-MADE n PREMISES ESORENTEO OCCUR DAMAGE (Ea occurrence) S MED EXP(My one person) S PERSONAL&ADV INJURY S GEM AGGREGATE UM£T APPUES PER: GENERAL AGGREGATE S POLICY JECOT- LOC PRODUCTS-COMP/OP AGO S OTHER: AUTOMOBILE LUIB£UTY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) S AU.OWNED SCHEDULED BODILY INJURY(Per accident)AUTOS AUTOS S NON-OWNED PROPERTY DAMAGE HIRED AUTOS NOS (Per acddent) UMBRELLA UAB _OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS•MADE AGGREGATE S DED RETENTIONS jS WORKERS COMPENSATION STATUTE / 1CEP- ANDTUTE f EMPLOYERS'UABIUTY Y/N .... ANY PROPRIETOR/PARTNER/EXECUTIVEE 1 NIA E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? } (Mandatory In NH) EL.DISEASE-EA EMPLOYEE S £r yyes,detCibe utldar DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S A Professional E&O H715106625 10101/2015 10/01/2016 Per Claim 2,000,000 A Professional E&O H715106625 10101/2015 10101/2016 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD tat,Additional Remarks Schedule.may be attached If more space Is requIred) Contract#16-071 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Avenue,Ste 106 Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD �,--"lif EPICLAN-01 LYNNA A RL DA CERTIFICATE OF LIABILITY INSURANCE 4/14/2016 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER License#OE67768 otAo TACT Dana Schwartz 10A Insurance Services PHONE 4350 La Jolla Village Drive Arc No,Ext):(619)574-6220 laic,No):(619)574-6288 Suite 900 FAX t. ADD TRESS:Dana.Schwartz(ioausa.com San Diego,CA 92122 INSURER(S)AFFORDING COVERAGE NAM* INSURER :Valley Forge Insurance Company 20508 INSUREDINSURERS:Iran sportatiof Insurance Company 20494 Epic Land Solutions INSURER C:Underwriters at Lloyd's London(KY) 32727 2601 Airport Drive Suite 115 INSURER : Torrance,CA 90505 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE 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 ADDLtOUBR POLICY EFF POLICYbXP LIMITS LTR TYPE OF INSURANCE INSD WVO POLICY NUMBER (MMIDOIYYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY - EACH OCCURRENCE S 2,000,000 CLAIMS-MADE X OCCUR X 4031022253 10/0112015 10/01/2016 uAJl7uat i HtN 1 to 1,000,000 PREMISES(Ee ooturrence) $ X Cont Liab/Sev of Int MED EXP(Any one person) $ 10,000 _— PERSONAL&ADV EIJJRY $ 2,000,000 GEM.AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000\ _ POLICY PTI VC I 1 LOC PRODUCTS-COMP/OP AGO $ 4,000,000 OTHER: Deductible $ 0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 1,000,000 (Ea accident) A _^ANY AUTO _ X 4031022253 10/01/2015 10/01/2016 BODILY INJJRY(Per person) $ ALL OWNED SCHEDULED BODILY INJJRY(Per accident) $ AUTOS AUTOS ON-OV.NED PNOPbR I Y DAMAGt 5 X HIREDAUTOS X AUTOS (Per accident) X Ngo So.Owned $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE 5 6,000,000 B EXCESS LIAB CLAIMS-MADE 6014253989 10/01/2015 10/01/2016 AGGREGATE s 6,000,000 DED I X RETENTION$ 0 $ WORKERS COMPENSATION w X STATUTE 0TH- AND EMPLOYERS'LIABILITY A ANYFROPRIETORIPARNNER1E ECUTIVE YIN N IA 594617867 10/01/2015 10/01/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMEER EXCLUDED? (Mandatory In NH) , E.L.DISEASE-EA EMPLOYEE$ 1,000,000 Oyes IPTIOeunder E.L.DISEASE-POLICYLIMIT $ 1,000,000 DESCRIPTION Of OPERATIONS below C Excess Prof Llab ME0138114915 07/23/2015 10/01/2016 Per Claim 1,000,000 C Ded.:$0 ME0138114915 07/23/2015 10/01/2016 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of Primary Professional Liability coverage will be forthcoming from a different source. Please contact Epic Land Solutions directly via email at contract@epicland.com with any specific questions. Re:Contract No.16071 City of Spokane Valley,the state and agency,their officers,employees,and agents are Additional Insureds with respect to General/Hired&Non-Owned Auto Liability per the attached endorsement as required by written contract.Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Spokane Valley —1"--.- 11707 E.Sprague Avenue,Suite 106 !Spokane,WA 99206 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Policy Number:4031022253 SB-146968-A �� Named Insured: Epic Land Solutions, Inc. (Ed.01/06) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS.COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form Is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage,""personal and advertising injury"arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement; but the written contract or written services including: agreement must be: a. The preparing,approving,or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy;and reports, surveys, field orders, change orders or drawings and specifications by any 2. Executed prior to the 'bodily injury," "property architect, engineer or surveyor performing damage,"or"personal and advertising Injury." services on a project of which you serve as B. The insurance provided to the additional insured is construction manager,or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. additional insured which is the subject of the 5. This insurance does not apply to "bodily Injury," written contract or written agreement. No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of: negligence of the additional insured. a. The construction or demolition work while you 2. The Limits of Insurance applicable to the are acting as a construction or demolition additional insured are those specified in the contractor. This exclusion does not apply to written contract or written agreement or in the work done for or by you at your premises. Declarations of this policy, whichever is less. These Limits of Insurance are Inclusive of,and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of insurance shown in the CONDITIONS—Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E2.) of the aprovided to the additional insured Businessowners Liability Coverage Form is amended 3. The coverage to add the following: within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9.)within the Businessowners Liability Coverage 1 Give written notice of an occurrence or an offense • Form,does not apply to"bodily injury"or"property to us which may result in a claim or"suit" under damage" arising out of the "products-completed this insurance; operations hazard"unless required by the written contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01/06) • SB-146968-A (Ed.01/06) 2. Tender the defense and indemnity of any claim or against that"suit"If no other insurer defends, we "stilt" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part;and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss In the absence of this We have no duty to defend or indemnify an additional insurance;and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit"from the additional amounts under all that other insurance. Insured. We will share the remaining loss, if any,with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This Insurance is excess over any other insurance Insurance shown in the Declarations of this Coverage Part naming the additional insured as an insured whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This 2. We waive any right of recovery we may have insurance Is excess over any other insurance to which the additional insured has been added as against any person or organization against whom you an additional insured by endorsement. have agreed to waive such right of recovery in a written contract or agreement because of payments 3. When this insurance Is excess, we will have no we make for Injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit"if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard." s 6 a I rll� Innis!f SB-146968-A Page 2 of 2 (Ed.01/06)