15-088.03 Epic Land Solutions: Mission Improvement Project •
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CONTRACT AMENDMENT 3 TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND EPIC LAND SOLUTIONS,INC.
Spokane Valley Contract#15-088.03
For good and valuable consideration,the legal sufficiency of which is hereby acknowledged,City and Epic
Land Solutions, Inc. (Consultant)mutually agree as follows:
1. Purpose: This Amendment is for the Contract for Right of Way Services on the Mission Avenue
Improvement Project,CIP#0123,by and between the Parties,executed by the Parties on 7/10/15 and which
terminates on 12/3 1/2017. Said contract shall be referred to es the"Original Contract"and its terms are
hereby incorporated by reference. Total compensation under the Original Contract is not to exceed
$88,500.00.
2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any ameadtnents 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.
Amendment 3 pays for preparation of a Relocation involved in a potential Drainage Easement acquisition,
additional appraisal work and coordination,and preliminary drafts of Memorandums of Understandings
MOUS with Viking Builders LLC and The Central Valley School District. This work was not anticipated
or identified in the original contract scope. The Contract termination date is extended to 12/31/2018.
4. Compensation Amendment History: This is Amendment#3 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 July 1,2015 . $88,500.00
Amendment#1 March 31,2016 $ 3,000.00
Amendment#2 September 8,2017 $ 6,930.57
Amendment#3 14tVeir .er 1 l a61"t $ 7.349.50
Total Amended Compensation $105,780.07
The parties have executed this Amendment to the Original Contract this G day of AZAkOdaci‘0261/#2
CITY OF SPOKANE VALLEY: EPIC LAND SOLUTIONS,INC:
Ma"/ ge5tr
rk Calhoun By:
City Manager Title _ ,rteJ�•(er, ,• C
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4 : APPROVED AS 0 FORM:
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Christine Bainbridge, 'ty Clerk P Office o#he City^ %arty
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A.tCCORGACERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
9/29/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License#0E677681CONTACTACTI_NDana Schwartz
IOA Insurance Services :PHONE -- —_ €Fax
4370 La Jolla Village Drive
Y{ac,so,x_(619)574-6223 50203 i(ac,No):(619)574.6288
Suite 600 Dana.Schwartz@ioausa,coni
San Diego,CA 92122 }-A €
11NSU- INSURERLS)_AFFORDING COVERAGE 1 NAIL X
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A`Valley_Forge Insurance Company._.__. 120508
INSURED INSURER 13:Transportation Insurance Company X20494
Epic Land Solutions IINSURER c:Underwriters at Lloyd's London(KY) J32727
2601 Airport Drive Suite 115 IINSURER 0: I
Torrance,CA 90505 ^�.
FINSURER Et..._...._....__. ._ ._.._. .__.._........_..-__...__.._.._._
1 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1
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.
ITR( - TYPE OF INSURANCE SD WYD POLICY NUMBER -`� POLICY EFF 1 POLICY EXP WAITS
I(MM/ODIYYYY1,4MM/ODIYYYYL
A j X 1 COMMERCIAL GENERAL UABILITY i J I 1 1 4 EACH OCCURRENCE $ 2,000,000
!X CLAIMS-MADE X OCCUR 1 X i X 031022253 i 10/01/2017 j 10/01/2018; gDAMAGE �E „ I S 1,000,000
I Cont LiablSav of int I ! i MED EXP(M�one sermon rr s 10,400
r- — —---- ._ _�_ I 1__�.. 2,000,000
_)_ �.__. w i J LPERSONAL a ADV INJURY €S
L GEN L AGGREGATE LIMIT APPLES PER: i f 1 t 4 GENERAL AGGRE.,�ATE I S _- 4'000,000
POLICY i X JEC ____I LOC LOC II € 4,000,000
I !PRODUCTS=COMP/OPAGG_i_S
t I OTHER- j ' , I I !Deductible ;$
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A I AUTOMOBILE LIABILITY € ! I 3 COMBINED SINGLE LIMIT
Latislatdenn - __ I 1,000,000
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F��ANYAUTO 14031022253 :10/01/2017;10/01/2018 I BODILY INJURY(Per person)�$ ---
I I OWNED 1-7 SCHEDULED
AUTOS ONLY ( 1 AUTOS I t BODILY INJURY(Per acc,denl)'S
i X 'HIPPO i X 'NOIJ WNED ' I 1 I PerOPEEB nl DAMAGE 1 S
.-J AUTOS ONLY 1 f AU OS ONLY i
X i Hogs:.Owned t ( I ( L _TY�._---._____ I$
B `, UMBRELLA LIAR I OCCUR I j I I EACH OCCURRENCE � 6,000,000
1 EXCESS;JAB i CLAIMS-MADE' 6014253989 1 10101/20171 10101/2018 1 6,000,000
1 I I AGGREGATE !S
I DED 1 X I RETENTION$ 01 ! I I $
A !WORKERS COMPENSATION 1 I i I x I PER 0TH- I
LAND EMPLOYERS'LIABILITY i i_-_._LSTe]YLtE I 6_,...._j_-..-.._.._-.
'ANY PROPRIETBOOERIPARTNERJEXECUTIVE --N?{ I X 594617867; 1 10/01/2017 110101/201$F , 1,000,000
j(MandatoryFen NHREXCLOCED7 `J€I N I A 1 �� t �E.L�EACH ACCIDENT I S
;If yes,describe under ; i iI (E.L.DISEASE-EA EMPLOYEE!S 1 rOQO,0O0
I DESCRIPTION OF OPERATIONS below I I i I I E.L.DISEASE-POLICY LIMIT I S 1'000'800
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C Prof Liab/Clms MadeI IPGIARK06632-01 1 10/01/20171 10/01/2018!Per Claim 3 3,000,000
C ;Dad.:$25k Per Claim 1 IPGIARK06632.01 10/01/2017 i 10/01/2018!Aggregate 4,000,000
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DESCRIPTION OF OPERATIONS(LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may Be attached If more apace Is re Iced)
Re:Agremment No.16-088-Mission Avenue:from Flora oad to Barker Road-Reconstruction/Widening Project
the State,City of Spokane Valley,their officers employees,and agents are Additional Insured with respect to General/Hired&Non-Owned Auto Liability per
the attached endorsement as required by written contract.Insurance Is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability and
Workers'Compensation.
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 POLICIES BE CANCELLED BEFORE III(¢
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of Spokane Valley ,,//vh
11707 E Sprague Avenue,Suite 106 � f
;Spokane.WA 99206
ACORD 25(2016/03) 01988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD •
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Policy Number: 4031022253 SB-146968-A
CNA 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
damage,"or"personal and advertising injury.' architect, engineer or surveyor performing
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.
2. The Limits of Insurance applicable to the a. The construction or demolition work white you
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 E.2.) of the
3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended
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 cion offense
Form,does not apply to"bodily injury"or"property
damage" arising out of the "products-completed to us which may result in a claim or "suit" under
operations hazard" unless required by the written this insurance;
contract or written agreement.
SB-146968-A Page 1 of 2
(Ed.01/06)
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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
"suit" to us for a toss we cover under this will undertake to do so, but we will be entitled to
Coverage Part; the additional insureds 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 1(,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 insureds own coverage. This 2. We waive any right of recovery we may have
insurance is excess over any other insurance to against any person or organization against whom you
which the additional insured has been added as have agreed to waive such right of recovery in a
an additional insured by endorsement, 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."
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NJ MSB-146968-A Page 2 of 2
(Ed.01/06)
e A Named Insured:Epic Land Solutions,Inc. G-19160-B
Policy Number:594617867 (Ed. 11197)
WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
This endorsement changes the policy to which It is attached.
It is agreed that Part One Workers'Compensation Insurance G. Recovery From Others and Part Two Employers'
Liability Insurance H.Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
PREMIUM CHARGE-
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California
exposure.The amount is 2.%.
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G-19160-B Page 1 of 1
(Ed. 11197)