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23-074.02MMECArchitectureInteriorsCityHallSpacePlanningCONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND MMEC ARCHITECTURE & INTERIORS Spokane Valley Contract #23-074.02 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 professional space planning services for the City Hall building by and between the Parties, executed by the Parties on March 20, 2023, 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 #2 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 March 20, 2023 $84,740.00 Amendment #1 April 17, 2023 $22,800.00 Amendment #2 November, 2023 $ 5,000.00 Total Amended Compensation $112,540.00 The parties have executed this Amendment to the Original Contract this f -7" day of November, 2023. CITY OF SPOKANE VALLEY: of 0000, Jo Hohman City Manager APPROVED AS TO FORM: •� i{ot the City Attorney CONSULTANT: W By: Heidi Pierce Its: Principal APPENDIX "A" 1. Paragraph 2 (Term of Contract) of the Original Contract is hereby amended to change the completion date for the work from December 31, 2023, to June 30, 2024. Paragraph 2 of the Original Contract 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. Consultant shall complete its work by June 30, 2024, unless the time for performance is extended in writing by the Parties. 2. Paragraph 3 (Compensation) of the Original ( compensation paid from $107,540.00 to $112,540.00 read as follows: :)ntract is hereby amended to change the total Paragraph 3 of the Original Contract is amended to The City agrees to pay up to $112,540.00 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. 3. 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 space planning and cost estimating services as may be needed for the new Balfour Facility per attached additional scope of work (Exhibit A.1). 10; 111- M M EC EXHIBIT A.1 ARCHITECTURE ' INTERIORS October 26, 2023 Glenn Ritter Senior Engineer City of Spokane Valley 10210 E. Sprague Spokane Valley, WA 99206 RE: Balfour Facility Space Planning — Project Scope and Fee Proposal 2 Dear Glenn: We are excited about continuing our work with you for the Balfour Facility and helping to move toward a Council decision on use of the space. Proposed Fees: The following fee is based on the above outlined scope of services. We assume one or two MMEC personnel will be involved at different stages of this project. We will discuss any change in scope that would affect the fee prior to proceeding. • Space planning concepts, code investigation and cost estimating (20-30) hours $5,000 Total Fee (Not to Exceed): $5,000 Proposed Schedule: • We will work with the City of Spokane Valley to coordinate any remaining considerations for the Balfour facility. This proposal is based on the information gathered from our tour and conversations. If you require more detail or have any question regarding any elements of this proposal, please give me a call at your earliest convenience. Sincerely, Heidi Pierce, AIA Principal 1 North Monroe, Suite 200 ■ Spokane, Washington 99201 ■ 509-624-6800 ■ mmecarchitecture.com 7601 W. Clearwater Ave., Suite 450 ■ Kennewick, Washington 99336 ■ 509-396-7278 ■ mmecarchitecture.com BILLING RATES - January 1, 2023 NO ME MMEC 1 N. Monroe, Suite 200 • Spokane, WA 99201 • P: (509) 624-6800 ARCHITECTURE • INTERIORS 7601 W. Clearwater Ave., Suite 450 • Kennewick, WA 99336 • P: (509) 396-7278 Principal Architect/Principal Interior Designer Project Manager III Project Manager II Project Manager I Reimbursable Expenses: ■ Consulting Engineers - Invoice plus 10% $225/hr. $135/hr. $110/hr. $85/hr. ■ Out of pocket expenses (printing, postage, etc.) — Invoice plus 5% Page I of 1 MADSMIT-01 DIANECOUTTS ,a►CORO CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 41121212/2024 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 endorsements). PRODUCER NFP Property & Casualty Services, Inc. PO Box 936 Chehalis, WA 98532-0936 CONTACT Diane Coutts NAME: PHONE FAX (A/C, No, Ext): (360) 996-3067 (AIC, No):(360) 748-7260 ADURIE , diane.coufts@nfp.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company of Connecticut 25682 INSURED INSURERS: Underwriters at Lloyds London IL 15792 INSURERC: MMEC Architecture & Interiors LLC INSURERD: 1 North Monroe, Ste 200 Spokane, WA 99201 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 LTR ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LX] OCCUR X X 680-9H513960-24-47 4/24/2024 4/24/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED n $ MED EXP (Any oneperson) 5,000 PERSONAL & ADV INJURY 2,000,600 GENT AGGREGATE LIMIT APPLIES PER: X POLICY ❑ J`Pa LOC OTHER: GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGG 4,000,000 A AUTOMOBILE LIABILITY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS Ep AUTOS ONLY X AUTO ONLY 680-9H513960-24-47 4/24/2024 4/24/2025 CO aBI NED dntJSINGLE LIMIT $ 2,000,000 BODILY INJURY Perperson) $ IxANY BODILY INJURY Per accident $ Per _ZIT AMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ DED I I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 680-9H513960-24-47 4/24/2024 4/24/2025 PER H- TA E E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT B B E&O/Professional Lia Professional ANE542496324 ANE542496324 4/24/2024 4/24/2024 4/24/2025 4/24/2025 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is additional insured by written contract There is no coverage for Worker's Compensation under these policies. There is only coverage for Employer's Liability with the limits shown subject to policy conditions, limitations and exclusions. City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury' or "property damage" occurs, or the "personal injury' offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury' and "property damage" occurs and the "personal injury' is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission