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19-066.01 Pondera Architecture: Council Chambers Wall Repair CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND PONDERA ARCHITECTURE Spokane Valley Contract# 19-066.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Pondera Architecture mutually agree as follows: 1.Purpose: This Amendment is for the Contract for the review of architectural plans for City Hall by and between the Parties, executed by the Parties on April 10, 2019, and which terminates on December 31, 2019. 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$20,000.00. 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. 4. Compensation Amendment History: This is Amendment #_01_ 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 April 10,2019 $20.000.00 Amendment#1 January 9,2020 $time only Total Amended Compensation $20,000.00 The parties have executed this Amendment to the Original Contract this 15 day of January,2020. CITY OF SPOKANE VALLEY: PONDERA ARCHITECTURE: ark Calhoun /- 9-07..,/ By: Eric Armstrong City Manager Its:Principal A APPROVED O FORM: Christine Bainbridge,City Clerk Office f the Ci yf ey 1 APPENDIX"A" 1. Paragraph 2 (Term of Contract) of the Original Contract is hereby amended to change the completed work date from December 31, 2019, to June 30, 2020. Paragraph 2 of the Original Contract is amended to read as follows: 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by June 30, 2020 unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 2 PONDARC-01 LISMITH ACC)Rifir CERTIFICATE OF LIABILITY INSURANCE DA1E(MMIDD/YYYY) `-� 1/23/2020 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 CRNTACT Lindsey Smith N ME: Alliant Insurance Services,Inc. PHONE FAX 818 W Riverside Ave Ste 800 _ (A/C,No,Ext): (NC,No): Spokane,WA 99201 n IESS:Lindsey.Smith@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Mutual of Enumclaw Insurance Company 14761 INSURED INSURER a:HisCOX Insurance Company Inc. 10200 Pondera Architecture,PC INSURER C: 4517 West Northwest Blvd. INSURER D: Spokane,WA 99205 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. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WYD IMM/DD/YYYY) (MMIDD/YYYYI A COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X BOP000678308 1/8/2020 1/8/2021 pREM SESD(Ea o E encco $ • MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ST& LOC PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) — ANY AUTO BOP000678308 1/8/2020 1/8/2021 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS��� ONLY AUTOS BODILY BODILY INJURY(Per accident) $ X AUTOS ONLY X AUTOS ONLY Pd2e0aR tDAMAGE $ )) UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER AANNYCPRRO/PMRIIETgORR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ (Mandatory in NH)EXCLUDED? N/A E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Prof Liability URA1421993.18 4/16/2019 4/16/2020 Each Claim 1,000,000 B Prof Liability URA1421993.18 4/16/2019 4/16/2020 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace is required) The City of Spokane Valley,a Code of the State of Washington is additional Insured with respect to General Liability for the Ongoing Operations of the Named Insured as required by written contract with respects to the Mutual of Enumclaw policy only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of Spokane Valley ACCORDANCE WITH THE POLICY PROVIS ONSCE WILL BE DELIVERED IN Christine Bainbridge-City Clerk 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD f. We may elect to defend you against suits The following is added to Section I—Property. arising from claims of owners of property. We If you are a building owner(s), you are an insured, will do this at our expense. but only with respect to the coverage provided g. We will pay for covered loss or damage within under this Policy for direct physical loss or damage 30 days after we receive the sworn proof of to the building(s) described in the Declarations and loss, provided you have complied with all of the owned byyou. All other policy terms and terms of this policy; and conditions apply. (1) We have reached agreement with you on The following changes revise Section II—Liability. the amount of loss; or (2) An appraisal award has been made. Paragraph C. Who Is An Insured is amended to include the following: h. A party wall is a wall that separates and is 1. Blanket Additional Insured common to adjoining buildings that are owned by different parties. In settling covered losses a. Any person or organization when you and such involving a party wall, we will pay a proportion person or organization have agreed in writing in of the loss to the party wall based on your a contract or agreement, executed prior to any interest in the wall in proportion to the interest "occurrence", that such person or organization of the owner of the adjoining building. However, be added as an additional insured on your if you elect to repair or replace your building policy. Such person or organization is an and the owner of the adjoining building elects additional insured only with respect to liability not to repair or replace that building,we will pay for "bodily injury", "property damage" or you the full value of the loss to the party wall, "personal and advertising injury" caused, in subject to all applicable policy provisions whole or in part, by: including Limits of Insurance and all other (1) Your acts or omission; or provisions of this Loss Payment Condition. Our (2) The acts or omissions of those acting on payment under the provisions of this paragraph your behalf; does not alter any right of subrogation we may have against any entity, including the owner or In the performance of your ongoing operations insurer of the adjoining building, and does not for the additional insured, or in connection with alter the terms of the Transfer Of Rights Of your premises owned by or rented to you. Recovery Against Others To Us Condition in A person's or organization's status as an this policy. additional insured under this endorsement 7. Paragraph G. Optional Coverages in Section I — ends when your contract or agreement with Property is deleted in its entirety. such person or organization ends. 8. OTHER INSURANCE UNDER THE SAME (b) The Limits of Insurance applicable to the POLICY Additional insured are those specified in the written contract or agreement but not more If there is other insurance under this policy covering than the Limits of Insurance specified in the the same loss or damage, we will pay only for the Declarations of this policy. The Limits of amount of covered loss or damage in excess of the Insurance applicable to the Additional Insured sum of: are inclusive of and not in addition to the Limits a. The amount that such other insurance paid for of Insurance shown in the declarations for the the loss or damage; and Named Insured. b. The amount of the deductible applicable to the All other policy terms and conditions apply. loss or damage under the other insurance. However, we will not pay more than the applicable The following changes revise Section III — Common Limit of Insurance. Policy Conditions. Paragraph H. Other Insurance is amended to add the 9. The following is added to Paragraph H. Property following subparagraph: Definitions. "Fine Arts" means paintings, etchings, pictures, 4. Other Insurance As Excess Insurance tapestries, rare or art glass, art glass windows, To the extent required by an"insured contract", this valuable rugs, statuary, sculptures, "antique" insurance is primary on behalf of the additional furniture, "antique" jewelry, bric-a-brac, porcelains insured, and any other insurance maintained by the and similar property of rarity, historical value or additional insured is excess and not contributory artistic merit. "Antique" means an object having with this insurance. If the "insured contract" does value because its craftsmanship is in the style or not require this provision, then Paragraph 1. above fashion of former times and its age is 100 years or will apply. older. EB 99 01 03 17 Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 19 of 19 POLICY NUMBER: BOP 0006783 07 BUSINESSOWNERS BP 04 20 01 10 THIS ENDORSEMENT CHANGES,THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Coverage Additional Premium Hired Auto Liability $ INCL Non-owned Auto Liability $ INCL Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Insurance is provided only for those coverages for B. For insurance provided by this endorsement only: which a specific premium charge is shown in the 1. Paragraph B.1. Exclusions Applicable To Declarations or in the Schedule. Business Liability Coverage in Section II — 1. Hired Auto Liability Liability, other than Exclusions a., b., d., f. Paragraph A.1. Business Liability in Section and i. and the Nuclear Energy Liability Ex- II— Liability applies to "bodily injury"or"prop- clusion, are deleted and replaced by the follow- er-damage"arising out of the maintenance or ing: use of a "hired auto" by you or your "employ- a. The following exclusion applies only with ees"in the course of your business. respect to"bodily injury"to: 2. Non-owned Auto Liability (1) "Employees" of the insured whose em- Paragraph A.1. Business Liability in Section ployment is not subject to the Industrial II — Liability applies to "bodily injury" or"prop- Insurance Act of Washington (Washing- erty damage" arising out of the use of any ton Revised Code Title 51): "non-owned auto" in your business by any per- "Bodily injury"to: son. (a) An "employee"of the insured arising out of and in the course of: (i) Employment by the insured; or (ii) Performing duties related to the conduct of the insured's busi- ness; or BP 04 20 01 10 ©Insurance Services Office,Inc.,2009 Page 1 of 3 0 (b) The spouse, child, parent, brother or 2. Paragraph C. Who Is An Insured in Section II sister of that"employee"as a conse- —Liability is replaced by the following: quence of(a)above. 1. Each of the following is an insured under This exclusion applies: this endorsement to the extent set forth be- (1) Whether the insured may be liable as low: an employer or in any other cap- a. You; acity; and b. Any other person using a "hired auto" (2) To any obligation to share damages with your permission; with or repay someone else who c. For a"non-owned auto": must pay damages because of the injury. (1) A partner or "executive officer" of yours; or This exclusion does not apply to: (1) Liability assumed by the insured (2) Any"employee"of yours; under an"insured contract"; or but only while such "non-owned auto" is (2) "Bodily injury" arising out of and in being used in your business;and the course of domestic employment d. Any other person or organization,but on- by the insured unless benefits for ly for their liability because of acts or such injury are in whole or in part ei- omissions of an insured under a.,b. or c. ther payable or required to be pro- above. vided under any workers'compensa- 2. None of the following is an insured: tion law. a. Any person engaged in the business of (2) "Employees" of the insured whose em- his or her employer for"bodily injury" to ployment is subject to the Industrial In- any co-"employee" of such person in- surance Act of Washington (Washington jured in the course of employment; Revised Code Title 51): b. Any partner or"executive officer"for any "Bodily injury" to an "employee" of the "auto" owned by such partner or officer insured arising out of and in the course or a member of his or her household; of: c. Any person while employed in or other- (a) Employment by the insured; or wise engaged in duties in connection (b) Performing duties related to the con- with an "auto business", other than an duct of the insured's business. "auto business"you operate; This exclusion applies to any obligation d. The owner or lessee (of whom you are a to share damages with or repay some- sublessee) of a "hired auto" or the own- one else who must pay damages be- er of a"non-owned auto"or any agent or cause of the injury. "employee" of any such owner or les- see; or This exclusion does not apply to: Liability by the insured e. Any person or organization for the con- (i) under an assumedsued byco the i; duct of any current or past partnership or joint venture that is not shown as a (ii) "Bodily injury" arising out of and Named Insured in the Declarations. in the course of domestic em- C. For the purposes of this endorsement only, Para- ployment by the insured unless graph H. Other Insurance in Section III — Com- benefits for such injury are in mon Policy Conditions is replaced by the follow- whole or in part either payable or ing: required to be provided under any workers'compensation law. This insurance is excess over any primary insur- b. "Property damage"to: ance covering the "hired auto" or "non-owned au- to". (1) Property owned or being transported by, D. The following additional definitions apply: or rented or loaned to,the insured; or (2) Property in the care, custody or control 1. "Auto business" means the business or occu- pation of selling, repairing, servicing, storing or of the insured. parking"autos". Page 2 of 3 ©Insurance Services Office,Inc.,2009 BP 04 20 01 10 ❑ 2. "Hired auto" means any "auto"you lease, hire, 3. "Non-owned auto" means any "auto" you do rent or borrow. This does not include any "au- not own, lease, hire, rent or borrow which is to" you lease, hire, rent or borrow from any of used in connection with your business.This in- your"employees", your partners or your"exec- cludes "autos" owned by your "employees", utive officers"or members of their households. your partners or your "executive officers", or members of their households, but only while used in your business or your personal affairs. • BP 04 20 01 10 ©Insurance Services Office,Inc.,2009 Page 3 of 3 0