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08-041.00 Freedman, Tung & Bottomley: Sprague Appleway Subarea Plans • 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.9000 • Fax: 509.921.1008 • dtyhallC~spokanevalley.org May 6, 2008 Michael Freedman Freedman, Tung and 13otitomley 101 \Iew Montgomery Street, 6~' Floor San Francisco. CA 94105 Re: IS' Amendment to Car:~truct Dated ?1TOVena.ber 30, 2001 Dear NIr. Freedman: The Cit>~ of Spokane galley would like to execute a Farst Ame~adment ~~,~t11 Freedman; Tung and Bottomley; to that agreement executed by the parties on ~iovember 30, 2007, concerning Fhase ITI of the Sprague/Appleway Corridor Subarea Plan. The City proposes amending the Contract by requesting that both parties sign this lerier. 'This l5c Arnendm.ent ~~ill add 515,095 to the total contract amount for services described in the attached Staffing and Budget Spreadsheet.. The extra ser,~ices include travel and preparation expenses to assist the City's Planning Commission during their deliberations on the Subarea Plan and to meet v«tZi Heartland Consulting to discuss their concerns about the City Center regulations. ~4'e have also included an allo~~7ance for continued "on-call" consulting assistance. Upon execution, this letter ~~~ll amend the Agreement for Professional Services as follows: 3. Compensation. The original compensation amount vas 564,000. This amendment will increase the total contract amount to 579,095. The Cit<~ now agrees to pay the Consultant the amended amount of 579;095 as full compensation for ever}~tluug furnished and done under this agreement in accordance ~~7th provisions outlined in the original Scope of ~Uork and in this 1~' Amendment. IN ~rirITNE ~ ~%Hl=•RE.OF, the parties have executed this 1 Sr Amendment to the Agreement this 7 ~ ~da;= of ~; 2008. A~~.•E~Y: Deputy Ci[~~ ~~lanager and Boriomley Mic7iael FrE Tax ID T"o. APPRO~TED S TO OI~R: -~~ ', Office oche Ci Cob-41 4 ~~ _ ~~ Spraguo & Apple~vay 9uharea Flan; Pul}lie Hearing Phase 5enfices _ Staffing and Budgot Spreadsheet ~v.2J Tasks: FTS~niy _ Princliaall Prir~cipalll SrAssoolate' kssociat~ Urb2nDosl{{ner DraFtSman ProjAssfsill TvFai hours T fees bows fens hours fees h^ufs iees hours fees hvwr5 fees hfshnd iees Feerr 7- PlarSnlnq Cornmission Hearing ___ 3Q $h - ---- _$0 $4 SU _ $4 ~8_ __ ~0 a. f~r¢p; discuss P~ quesiEons nr44 makeriels ler: fr~Etp Siafi~ ~ $450 5U ~U ~4 $U $E} 5•a ~~~~ r b. I~re~are pePSer~tation rnat~rials ~€1 addr~SE IsSL19S fAC. iFGd 51,~fr E 51,50 $fl $D ~~ ~U $E} _$~ $1,3aQ c. Plannin Cpminisslon I~I~aring; tr~~+el ~ allendanco 2. Meeting w, F7;~gnuson Representallwes (sPrrte day ae 7nsk 1J a- F~evlewrldisulss rugtefials received From Cily ~taii anti Magnuson Representatives ~, ¢.~~eting~7it_h~n„~pn Reprt~s¢ntaElwes; trgvel an4 auendan~e C. Fotlovr-up scssivn wikh City S1a!( 10 1 3 1 $2,254 $0 5215 $f375 $225 Sff 34 $fl $4 $0 ~ $0 $Q $E] $E] ~U $4 ~0 0 $0 5G _ ~0 SD $E] $E] $I) ~ $f} $4 $0 SO 50 ~ _ 511U St? $f} 30 $4 ;~~,;1G~i 54 $2~~, _ ~67~ 3. QrG-Call Srrll~r'9~1 Plan G4nsulting A11o1yanCO (phDn~, 2m~lll $5 $x,625 ~0 $~ p~ ~~.~QQ ~~ ~~ ~4 ~~~$~~ SuUIOI.~I - PFOfvssionai Services: 512,885 f~¢Imburyable Ex enses~ X1,160 ~~ TravelF~ ep nse5: 31,050 ~~~ Project ~uAgot TotWa; E1$,495 • Faye 1 X04&U~13U_Spraeucflppletivay SuharaaFln_Hearing Pl~a~e Svcs_vl,xla • • ~ ACORD CERTIFICATE OF LIABILITY INSURANCE DATEIMM~DJYY) 08/12/08 PRODUCER LZC X0867768 1-929-416-7862 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ZOA Znsusance Bezvicea ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3875 liopyard Road, ste. 290 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pleasanton, cA 94588 INSURERS AFFORDING COVERAGE Roao Caldwell INSURID INSURERII-Travclero Pr ert Casunlt C an Of America Freedmen Tung & Bottomley INSURER B:Travelers Indemnity Coc>Dany of Conaocticut 101 xow Montgomery St, 6th Plaor INSURERC:AC6 American Insurance Cozipan ncisco CA 94105 S F INSURER D: , an ra I INSURER E- COVERAGES THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAh4E0 ABOVE FOR T.-IE POLICY PERIOD IA'DICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OT.-IER DOCU2.lENT WITH RESPECT TO 4YHICH THIS CERTIFICATE h4AY 8E ISSUED OrZ AtlAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERh6S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOYJN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY N'UMBFR POLICY EFFECTIVE POLICY EXPIRATION LLNITS A oENERALLIAE3ILITY 680-3083L769 OE/07/08 08/07/09 EACHpOt;URRENCE 51,000,000 X COMN.ERGAL GENERAi LUSJLITY FIRE DAMAGE n/one 6m S 1, 000, 000 CLAIWS?AADE a OCCUR MED EXP one pe:sonl S 10, 000 PERSONALBAOVLVJURY 51,000,000 GX=RALAOOR:OATE 52,000,000 GEN'L AGGREGATE L6\11T APPLIES PER: PRODUCTS • CONPlOP AGG S 2 , 000, 000 POLICY X PRp• LOC A AUT O.NO81LEUAHILITV 680-3083L769 08/07/08 oe/07 /09 COMBLVEDSINC4ELIMIT 1 000 000 I ANY 0.UTp (Ea ¢cddertl , , S I ALL O'A'NEp AUTOS BODILY INJURY SCH_DULED A1JTp5 (Par pmyprtl 5 X 3i0¢EDAUTOS 90DILYINJURY X NON-d,VKED A'JTO$ ParacrJdartq ~ S PROPERTYOAWIGE IPer eaiQenq S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTFCR THAN ~ ACC S AUTO ONLY: AGG S EXCE95 LIABILITY EAiCH OCCURRENCE S OCCL+n ~ CWMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION 5 S 23 WORKERS COMPENSATION AND CB-7127Y04A 09/Oi/08 09/01/09 X Y,'C$`jN ER EMPLOYERS' LIABILITY E.l. EACtI ACCIDENT 1, 000, 000 5 E.L. DISEASE • EA EMPLOYE 5 1, 000 , 000 EJ..OISEASE-POLICYUMIT 51,000,000 C OTKER Professional Liability 2:01865655004 01/27/06 01/27/09 Por Ciaim s1, 000, 000 Annual Aggregate si,000,000 s DESCRIPTION OF O~PERATK7NSILOCATIONfJL'BNICLESIEXCLUSIOK3 ADDED BY ENDORSEILENTfSPECIAL PROVISIONS All opesatione of tho Named Znaured including project refezanced below, if any. Ooncral Liability: Sne Additional Zneuzed 23ndozscmont attachod. Workers' Compensation: gee Waiver of Subrogation Endorseaent attached. General Liability Additional Insurod: City of Spokane Valley, its appointed ar oloctcd officnro, officials, and employees CERTIFICATE HOLDER I I ADnrruavAL INSURED: INSURER LETTER: CANCELLATION •lD DAYS xarzca FOR 2i0N-PAYMENT DP PRSMIU`7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of 8poka.no Valloy DATE THEREOF, THE ISSUING INSURER N'ILL ~14X+XdIFX3~c MAIL 30 DAYS WRITTEN NOTICE TO THE CERT2FICATE MOLO'ER NAMED TO THB L2PT, BCRXX7L~2;;ISX$~2E7Czyl}ALIIX Christino Bainbridge ~~XS1g~gy0pDlP7t~EXtQ76tC001197I20E1117~L~[)i~QXPlICY~b3iS5C~itX 11707 8 9pzaguo Avo Suite 106 X;S?3DWIaiXXXXXXXXXXXXxxxxxxxl[XxxXXXXXXX]cxX]LXXXXXXX,2CXit:XX Spokane Va12ey, WA 99205 AUTKOR~D REPRESENTATIVE OBA -~ ACORD 25-S (7197) gyuen 9529234 m ACORD CORPORATION 1988 Certificate Delhrery by CerifY~esNDw - vNnv.Con:IrmNeLcom - 677.669.6600 ~ '~/ J ~. • • WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS E\I)ORS)EA~1.hNI'-CALIFQRi\'IA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (7T~e following "attaching douse" need be completed Doty ~.firn this crdanement is issued subsequent t0 preparation ofthe policy.) This endorsement, effective 12:01 AI~f os/al/as forms a part of Aolicy 1\~o uH-7127ro9A iSSUed to: Freedman Tung & HotCc~mley B)'; Travelers Znde~mity Coa~any of Connecticut Premium: II~jCL 1~Ve have the right to recover our payments from anyone liable for an injury covered by this policy. ~~'e will not enforce our right against the person ar organization named in the Schedule. ('T'his agreement applies only to the extent that you perform work under a ~~Titten contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of }rour employees while engaged i.n the work described in the Schedule. 7"he additional premium for this endorsement shall be 5% of the California workers' compensation premium ot.henvise due on such remuneration. Schedule Person or Organisation City of Spokane Valley Christine Bainbridge 11707 B 9pzague Ave Suite 106 Spokane Valley, WA 99206 .fob Description All oposationn of the Named Znaured PVC 04 03 06 Countersigned by (Ed. 4-84) Authorized Representative • • COMMERICAL 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: COh1ti1ERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization tha/ you agree in a "contract or agreement requiring insurance' to in- clude as an additional insured on this Coverage Part., but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage' or "personal injury' for which that per- son or organization has assumed liability in a con- Uact or agreement, The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any 'professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance' to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Para, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a 'contract or agreement requiring insurance' that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that Is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodity 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 entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rlghts Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Suction IV): We waive any rights of recovery we may have against any person or organization because of payments we make for 'bodily injury", 'property darnage" or 'personal injury" arising out of "your work" performed by you, or on your behalf, under a 'contractor agreement requiring insurance' with that person or organization. We waive these rights only where you have agreed tv do so as part of the 'contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ~ 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted rnateriaf of Insurance Services Orlice, Inc., w"rUi its permission. • • COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonalinjury' offense is committed. D. The follovring defrnition is added to DEFINRIONS {Section V): "Gontract or agreement requiring insurance" means that part of any contract or agreement un- der which you aro required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement: b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page ?. of 2 ~ 2007 The Travelers Companies, inc. CG D3 81 09. 07 Includes the copyrighted matorial of Insurance Sen~eces Office, Int., with its permission.