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19-180.04 Dibble Engineers: City Hall Investigations CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND DIBBLE ENGINEERS,INC. Spokane Valley Contract# 19-180.04 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Dibble Engineers,Inc.mutually agree as follows: 1. Purpose: This Amendment is for the Contract for review and inspection of the council Chambers wall to create and defend a repair schedule by and between the Parties, executed by the Parties on November 8, 2019,and which terminates on December 31,2021. Said contract is referred to as the"Original Contract" and its terms are hereby incorporated by reference. 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 #4 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 Nov. 8,2019 $30,000.00 Amendment#1 Mar.24,2020 $30,000.00 Amendment#2 Aug.24,2020 $40.000.00 Amendment#3 July 15,2021 $25,000.00 Amendment#4 Nov. 02,2021 $20,000.00 Total Amended Compensation $145,000.00 The parties have executed this Amendment to the Original Contract this L- day of November, 2021. CITY OF SP NE VALLEY: DIBBLE GIN E 1C: 11 a Gam... <</1(27202A ..— 1 Mark Calhoun By: Robb Dibble City Manager Its: Principal APPROVED AS TO FORM: Office o he CI mey 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from $125,000.00,to$145,000.00. 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 $145,000.00 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. The City agrees to pay up to $145,000.00 as full compensation for everything furnished and done under this contract,in accordance with the provisions outlined in the scope of work,as previously and/or presently amended. 2.Paragraph 2(Term of Contract)of the Original Contract is hereby amended to change the end date of the contract from December 31, 2021 to the Consultant is being retained for consultant and expert services that are being used in conjunction with and to assist the City with litigation. The Parties agree that such services shall continue until the litigation is resolved through final order and judgment, unless otherwise terminated pursuant to the terms of the Agreement. Paragraph 2 is amended to read as follows: 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. The Consultant is being retained for consultant and expert services that are being used in conjunction with and to assist the City with litigation. The Parties agree that such services shall continue until the litigation is resolved through final order and judgment, unless otherwise terminated pursuant to the terms of the Agreement. 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 DIBBENG-01 JLARIOS '`,C012121 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/6/2021 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 CONTACT Becky Shinn NAME: Corvallis Office PHONE FAX Paynewest Insurance,Inc. (A/C,No,Ext):(541)264-7127 (A/C,No): 545 SW 2nd Street,Ste 101 ADDRIESS:bshinn@paynewest.com Corvallis,OR 97333 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Sentinel Insurance Company,Ltd. 11000 INSURED INSURER B:Hartford Accident and Indemnity Company 22357 Dibble Engineers,Inc. INSURER C: 1029 Market Street INSURER D: Kirkland,WA 98033 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 WVD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 52SBANN6144 5/1/2021 5H/2022 PREMISES(Eaoccurrrence) $ 1,000,000 X Stop Gap MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Stop Gap $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X X 52UECGZ0962 5/1/2021 5/1/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY _ AUTOS yyry p _BODILY INJURY(Per accident) $ AUTOS ONLY _ AUUTOS ONLY (Per PROPERTY dentDAMAGE A _ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X x 52SBANN6144 5/1/2021 5/1/2022 AGGREGATE $ DED X RETENTION$ 10,000 5,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ QFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Spokane Valley Chamber Wall Stop Gap-see attached form SS4102; additional insured,primary and non-contributory and waiver of subrogation do not apply. City of Spokane Valley is an additional insured on the General and Automobile Liability with respect to operations under written contract pursuant to the attached endorsements SS 00 08 04 05&HA 99 16 03 12.Waiver of Subrogation and Primary&Non Contributory coverage applies per the attached andorsement SS 00 08 04 05&HA 99 16 03 12.Umbrella follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 East Sprague Avenue Spokane Valley,WA 99206 AUTHORIZEDievire REPRESENTATIVE 4ethdle ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD