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21-116.03 AHBL: Balfour Park Improvements CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND AHBL,Inc. Spokane Valley Contract#21-116.03 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose:This Amendment is for the Contract for design of Balfour Park Improvements by and between the Parties,executed by the Parties on August 2,2021,and which terminates on December 31, 2023. 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 #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 August 2,2021 $326,173.04 Amendment#1 January 2,2022 $ 48,806.23 Amendment#2 September 2,2022 $106,178.90 Amendment#3 May 2023 $ 25,141.95 Total Amended Compensation $506,300.12 The parties have executed this Amendment to the Original Contract this 7 j" day of May 2023, CITY OF SPOKANE VALLEY: CONSULTANT: J6hn Hohman By:Erick Fi patrick City Manager Its: Principal APPROVED AS TO FORM: ff of the City Attorney 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from $326,173.04 to $506,300.12. 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 $506,300.12 as full compensation for everything done under this Agreement,as set forth in Exhibit B and the added scope in Exhibit B.01(Amendment#1) and Exhibit B.02(Amendment #2) and Exhibit B.03(Amendment#3). 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 $506,300.12 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. The Scope of Work, (Exhibit A) of the Original Contract, is hereby amended to include the following additional tasks and/or services: Consultant shall provide additional design and construction support services of Phase 1 construction documents for the Balfour Park project per attached Exhibit B.03 2 EXHIBIT B.03 City of Spokane Valley—Balfour Park 21-116 Amendment 03 AHBL No. 2210203 REVISED: May 3, 2023 Amendment 03 Balfour Park Improvements Construction Additions Scope of Work and Fee Proposal REVISED Thank you for the opportunity to submit this proposal for Contract Agreement 21-116 to provide design and construction documents for inclusion of additional property and utility infrastructure for the Balfour Park Improvements project in Spokane Valley. City of Spokane Valley (COSV) has purchased the parcel between the park and fire station known as the "Leather Gallery" property. COSV has requested that the AHBL team provide construction documents and limited construction administration for the site changes listed below. COSV has also requested that additional utility provisions be made for light poles and conduits to accommodate future security cameras, electrical, and communication infrastructure. This additional scope of work will be billed to new tasks for the signed Contract Agreement 21-116. Assumptions: • Topographic survey for the Leather Gallery property will be provided by COSV. Task 10— Leather Gallery Property Addition 10.1. Coordinate with COSV for design requirements. The anticipated site changes include parking lot revisions per the"0316 Balfour-LeatherGalleryUpdateSketch" provided by COSV and a mowing maintenance curb ramp into turf areas near the trash enclosure. 10.2. Prepare preliminary plans for contractor discussion and pricing. 10.3. Attend one virtual pre-construction meeting with the contractor to discuss the change order scope. 10.4. Prepare final plans once the change order is approved by COSV. 10.5. Update bid item lists and cost estimates based on change order items. 10.6. Review contractor Requests for Information (RFIs), substitutions, and change order estimates related to this change and provide feedback to COSV staff. Task 11 — Electrical and Lighting Additions 11.1. Coordinate with COSV and the contractor for design requirements. 11.2. Add receptacles to the six light poles around the events plaza. 11.3. Add conduit from park building stub to Sprague for future fiber connection to City Hall. 11.4. Add conduit to interconnect the library stub to the park building stub. 11.5. Add necessary infrastructure for six future CCTV cameras, including 120V power, handholes, pedestals, etc. 11.6. Update bid item lists based on change order items. RHBL Page 11 City of Spokane Valley—Balfour Park 21-116 Amendment 03 AHBL No. 2210203 REVISED: May 3, 2023 11.7. Review contractor RFIs, substitutions, and change order estimates related to this change and provide feedback to COSV staff. 11.8. Engineering services for additional electrical and lighting will be provided by MW Engineers (MW)as a subconsultant to AHBL. Please refer to the attached MW proposal for the detailed scope of work. Task 12—Sport Court Addition 12.1. Coordinate with the RAVE Foundation for mini-pitch requirements. 12.2. Prepare three concepts blending the mini-pitch with splash pad and sport courts for review and selection by COSV staff. 12.3. Meet with COSV staff to review and discuss options and determine a preferred layout. 12.4. After selection of the preferred concept, revise civil and landscape park plans to incorporate the mini-pitch as a construction change order. 12.5. Update bid items lists and cost estimates based on change order items. 12.6. Attend one pre-construction meeting with the contractor to discuss the change order scope. 12.7. Review and process contractor submittals, samples, and mockups related to the mini-pitch. 12.8. Review contractor Requests for Information (RFIs), substitutions, and change order estimates related to the mini-pitch and provide feedback to COSV staff. Task 13—DAR Garden Addition 13.1. Coordinate with COSV for DAR requirements and desires at the garden. 13.2. Prepare three concept garden plans for review and selection by COSV staff. 13.3. After selection of the preferred concept, revise landscape park plans to incorporate the garden as a construction change order. 13.4. Update bid items lists and cost estimates based on change order items. 13.5. Review and process contractor submittals, samples, and mockups related to the garden. RHBL Page 12 City of Spokane Valley—Balfour Park 21-116 Amendment 03 AHBL No. 2210203 REVISED: May 3, 2023 Billing Summary Tasks will be billed on a time and expense basis, not to exceed the amount shown below without prior authorization from the COSV. Tasks shown on the invoice will match the task numbers shown below. Attached is a detailed task hour breakdown estimate used to develop this fee. PROJECT SUMMARY Basic Services AHBL Fees Subconsultant Subtotal Fees Original Contract Amount (Tasks 1-5) $ 322,173.04 Amendment 01 Amount(Task 6) $ 48,806.23 Amendment 02 Amount(Tasks 7-9) $ 106,178.90 Amendment 03: TASK 10 Leather Gallery Addition $ 6,239 $ - $ 6,239.22 TASK 11 Utility Infrastructure Addition $ 1,341 $ 8,690 $ 10,030.86 TASK 12 Sport Court Addition $ 5,672 $ 5,671.87 TASK 13 DAR Garden Addition $ 3,200 $ 3,200.00 Project Total Fees $ 502,300.12 Reimbursable Expenses Estimate $ 4,000.00 Project Total $ 506,300.12 Amendment 03 Total Contract Change $ 25,141.95 CA/Isk Enclosures Q:\2021\2210203\Proposals_Contracts\Finals\20230503 Pro(Amend 03)(REV 2)2210203.10.40.docx RHBL Page 13 AE D /YYYY) 9(MM/DD(MM/DD® CERTIFICATE OF LIABILITY INSURANCE DATE 2 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: Nancy Ferrick AssuredPartners Design Professionals Insurance Services, LLC PHONE 510-272-1400 FAX 3697 Mt. Diablo Blvd., Suite 230 (A/C.No.Extl: (A/C.No): Lafayette CA 94549 ADDARESS: nancy.ferrick@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:XL Specialty Insurance Company 37885 INSURED AHBLINC INSURER B:Travelers Property Casualty Company of America 25674 AHBL, Inc. 2215 North 30th Street, Suite 300 INSURER C:The Charter Oak Fire Insurance Company 25615 Tacoma WA 98403 INSURER D:The Travelers Indemnity Company of Connecticut 25682 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1697585769 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) D X COMMERCIAL GENERAL LIABILITY Y Y 6808J59430A 9/11/2022 9/11/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 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 X LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y BA8P56584A 9/11/2022 9/11/2023 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ 'i AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR Y Y CUP8J596642 9/11/2022 9/11/2023 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$1D,nnn $ D WORKERS COMPENSATION 6808J59430A 9/11/2022 9/11/2023 PER y STATUTE X OERH WA Stop Gap AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability DPR5001724 9/11/2022 9/11/2023 $2,000,000 per Claim $4,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:AHBL Project#2210203.10.40 I Spokane Contract 21-116-Balfour Park Improvements,Spokane Valley,WA. The City of Spokane Valley is named as Additional Insured as respects to General Liability and Auto Liability per policy forms,as required per written contract or agreement.General and Auto Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Glenn Ritter 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley,WA 99206 A. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD