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20-128.05 Pressler Forensics: City Hall Repairs CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND PRESSLER FORENSICS,INC. Spokane Valley Contract#20-128.05 For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and Pressler Forensics,Inc.mutually agree as follows: 1. Purpose: This Amendment is for the Contract for inspections regarding the plumbing, mechanical, fire protection at City Hall by and between the Parties, executed by the Parties on August 5, 2020, and which was scheduled to terminate 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 #5 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 Aug. 10,2020 $ 5,500.00 Amendment#1 Sept. 17,2020 $ 1,850.00 Amendment#2 Dec. 09,2020 $ 5,500.00 Amendment#3 Mar.22,2021 $26,800.00 Amendment#4 Nov.02,2021 $ 0.00 Amendment#5 August 2022 $ 7,500.00 Total Amended Compensation $47,150.00 The parties have executed this Amendment to the Original Contract this I ti day of August 2022 CITY OF SPOKANE VALLEY: PRESSLER FORENSICS,INC. ohn Hohman By: Thomas Pressler City Manager Its:Principal APP OVE S TO FORM: .0....,4 Office the City Att rat)'‘4'11 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from $39,650.00,to$47,150.00. 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$47,150.00 as full compensation for everything done under this Agreement,as set forth in Exhibit C. 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$47,150.00 as full compensation for everything furnished and done under this contract, in acrordance with the provisions outlined in the scope of work,as previously and/or presently amended. 2. The Scope of Work, (Exhibit B) of the Original Contract, is hereby amended to include the following additional tasks and/or services: Consultant/Contractor shall continue to provide additional research, discovery and reporting on legal matters related to the mechanical, plumbing and fire stopping defects per attached additional services proposal (Exhibit B.5). 2 Exhibit B.5 P R E S S L E R 22122 20th Ave SE, Suite 161 Bothell,WA 98021 Forensics, Inc. (425)485-3002 (425)485-8114 Fax tpressler@presslereng.com August 11, 2022 City of Spokane Valley 10210 E. Sprague Ave. Spokane Valley, WA 99206 Attention: Glenn Ritter Cc: Deanna Horton Subject: Spokane Valley City Hall Pressler Forensics, Inc. Additional Services Dear Glenn, For the past two years we have been working with the City of Spokane Valley to investigate and report on mechanical, plumbing, and fire stopping defects related to the new City Hall Building. Our current scope of work and contract with the City of Spokane Valley has expired, but we continue to identify and report on newly discovered latent defects in the original project construction. The latest development is the discovery of contaminated refrigerant piping. This proposal is intended to provide funding for our continued research, discovery, and reporting. ADDITIONAL SERVICES 1. Prepare and respond to legal matters with attorney's and the owner's on information requested for our investigations, including response to subpoena and attempts at mediation discussions with experts for the defendants. 2. Investigate the latest refrigerant piping defects and contractor proposed repair work. 3. Participate in phone conferences with the owner's representatives, other consultants, attorneys, and repair contractor moving forward as the new work is quantified. 4. Prepare a written report and recommendations, including forensic analysis of observed defects and detailed Scope of Repair. 1 ' Page We propose a time extension through the end of this year (2022) to provide the additional services above hourly, with a suggested budget of$7,500.00. Per Deanna Horton's request, we have also attached our progress billing for unbilled costs to date for the subject project for the amount of $6,715.00. EXCLUSIONS 1. Site visits to project site. 2. Material forensic testing. HOURLY RATES Hourly rates for Pressler Forensics Inc. work are as follows: • Professional Engineering $250.00 per hr • Research Associate $185.00 per hr • Engineering Technician $125.00 per hr Thank you for the opportunity to submit our proposal. If you find our proposal acceptable, please sign and return this copy to us. If you have any questions, please call. Sincerely, •-. ..,....., _Cg..-,-,--e-- Thomas E. Pressler ACCEPTED BY: City of Spokane Valley Title: Date: Cc: Deanna Horton 2IPage AcoREP® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 02/28/2022 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 NAME; Laura Tikker CHOICE Insurance, LLC 1 PHONE FAX 1715 Market Street STE 100 (A/C.No.Ext): (425) 739-6565 (A/C,No):(425) 739-9955 E-MAIL ADDRESS: service®choiceinsurance.net Kirkland WA 98033 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Tri-State Insurance Company of 31003 INSURED (425) 485-3002 INSURERS: Pressler Forensics Inc INSURER C: 22122 20th Ave Se Ste 161 INSURERD: Bothell WA 980214442 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 25381 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 EFF POLICY EXP W LIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO CLAIMS-MADE X OCCUR Y Y ADV6038743-22 03/02/2022 03/02/2023 PREMSES(EaENTED occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JET LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A ANY AUTO ADV6038743-22 03/02/2022 03/02/2023 BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY % AUTOS ONLY (Per accident) A X UMBRELLA LIAB OCCUR ADv6038743-22 03/02/2022 03/02/2023 EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ A AND WORKERS EMPLOYERTIONS' PYIN ADV6038743-22 03/02/2022 03/02/2023 STATUTE X ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE N/A WA State Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached U more space is required) Spokane Valley, its officers, agent and employees are included as Additional Insured with respect to work performed by and/or on behalf of the Named Insured per form CLCG0492. Coverage is Primary & Non-Contributory per form CLCG0114. Waiver of Subrogation is included. Additional Insured applies per written contract and/or agreement. Umbrella follows underlying. 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. 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE �`�j ct e LtL /Zee& Spokane Valley WA 99206 �/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1