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20-165.00 McBride Construction: Council Chambers Wall Repair GOO McBride Construction Resources Incorporated Seattle Portland Website 224 Nickerson Street 5291NE Elam Young Pkwy,n120 www.mcbrldeconstruction.com Insurance Repairs and all Seattle,WA 98109 Hillsboro,0597124 Email phases of commercial and Tel:206-283-7121 7el:so�saa also Info@mcbrideconstruction.com McBRIDE residential construction Fax:206-284-5670 Paw Contractor Long Distance Contractor4MCBRICR099JZ Contractor#59196 1-800-676-5053 Professional Services Agreement DATE:Sunday,August 23,2020 PROJECT NAME:City of Spokane Valley v Meridian CLIENT:City of Spokane Valley CONTACT INFORMATION:%Randall/Danskin Attn:Shane McFetridge Dear Mr.McFetridge, McBride Construction Resources Inc.appreciates the opportunity to provide consulting services for the project listed above. Execution of this agreement will engage our construction resources in support of your project. We are happy to offer the following professional services should any become necessary now or in the future; • Cost Estimating • Value Engineering • Investigation Support • Forensic Estimate Review • Depositions • Trial Preparation v ciL• -Trail-Testimony • Quantity Takeoffs • Cost Modeling • Constructability Review • CPM Scheduling • Xactimate Estimates • Site Visits • Photo Documentation • Site Access Support The following information,scope,budget,and terms are specified for your project and are provided for your review and acceptance. Please review and let us know if you have any questions. SCOPE OF SERVICES: Price out scopes of repair by Dibble&AG. Excludes site visit and/or testimony. BUDGET PROPOSAL: Allow for range of$4,800-$6,000 TERMS: All services to be provided under the Terms&General Conditions provided below McBride Construction Resources,Inc.would like to thank you for the opportunity to provide our services. If any of our services not included in this scope become necessary please let us know and we can revise our budget costs. If you have any questions please don't hesitate to call. Please sign(page 4)and return this Agreement to our office. We will send invoices to the address and contact listed above unless directed otherwise. If the billings need to be sent to more than one place,please provide us with the company name,address,contact name and telephone number. Additionally,if a claim number or numbers are required on invoices,please let us know to include it. Again,thank you for the opportunity to provide these services and we will endeavor to exceed your expectations. If you have any questions,please do not hesitate to contact our office. Best Regards, McBride Construction Resources Inc. Page 1 of 4 tO McBride Construction Resources Incorporated Seattle Portland Website 224 Nickerson Street 5291 NE Elam Young Pkwy,alto www.mcbrldeconstruction.com Insurance Repairs and all Seattle,WA 98109 HIIlsboro,0R97124 Email phases of commercial and Tel:206-283-7121 Tel:503-844425o Info@mcbrideconstruction.com McBRIDE residential construction Fax:206-284-5670 Fax:5otorM1-42o7 Long Distance Contractor#MCBRICR099JZ Contractor#59196 1-800-676.5053 TERMS & GENERAL CONDITIONS 1. BILLING RATES&SCHEDULE OF CHARGES. • Administration $75 per hour • Project Manager/Estimator $125 per hour • Senior Project Manager/Estimator $150 per hour • Executive Officer/Principal $175 per hour • Project Manager/Estimator Testimony $250 per hour • Senior Project Manager/Estimator Testimony $300 per hour • Executive Officer/Principal Testimony $350 per hour • Mileage Reimbursement $0.65 per mile • Minimum Charge $500 • Testimony Minimum Charge $750 • Charges for materials,expenses,independent services,3rd party consultants,travel,lodging,equipment,and facilities are reimbursed at actual cost plus overhead and profit of 20% 2. AGREEMENT. The Professional Services Agreement(Page 1)and the Terms&General Conditions(Page 2-4) are referred to hereinafter as the"Agreement"and represent the entire and integrated agreement between McBride Construction Resources,INC.("MCR")and Client("Client"). 3. EXECUTION. This Agreement becomes effective when signed by an authorized representative of the Client and MCR,and upon MCR receipt of a signed original or e-mail copy. Receipt of a signed Agreement shall constitute MCR's authorization to proceed with the services. 4. CHANGE IN SERVICE. Change in services from the accompanying agreed upon"Scope of Services"may be accomplished after execution of the agreement,without invalidating the Agreement, if mutually agreed in writing,or if required by circumstances beyond MCR's control. In the absence of mutual agreement in writing, MCR shall endeavor to-notify Client prior to providing any additional services. 5. INDEPENDENT CONSULTANTS. MCR is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of Client. 6. OWNERSHIP OF DOCUMENTS. Estimates,manuals,or other documents,including all documents in electronic media,prepared under this Agreement are instruments of service and are and shall remain the property of MCR. MCR shall retain all common law,statutory,and other reserved rights,including the copyright thereto. MCR shall not be liable for reuse of documents or modifications of documents by Clients or its successors or its representatives. 7. VIDEO TAPED DEPOSITIONS. Videotaped depositions are not acceptable unless agreed to in writing prior to taping. 8. INSURANCE. MCR will maintain the following levels of insurance during the term of this Agreement: Commercial General Liability-$1,000,000 per occurrence for bodily injury,including death,property damage,and$2,000,000 in the aggregate. Automobile Liability—minimum of$1,000,000 combined single limit for bodily injury and property damage. Page 2 of 4 0® McBride Construction Resources Incorporated Seattle Portland Website 224 Nickerson Street 5291NE Elam Young Pkwv.#120 www.mcbrideconstruction.com Insurance Repairs and all Seattle,WA 98109 Hillsboro,059712a Email phases of commercial and Tel:206-283-7121 Tel:so3•eaa a25o Info@mcbrldeconstruction.com McBRiDE residential construction Fax:206-284-5670 Fax:so3-&rw-a207 LongDisWfce Contractor#MCBRICR0991Z Contractor#59196 1-800.676-5053 9. CONSEQUENTIAL DAMAGES. MCR and Client waive all claims against each other for consequential damages arising out of or related to this Agreement. 10. MEDIATION/LITIGATION OF CLAIMS AND DISPUTES. All claims,disputes,and other matters in question between MCR and Client shall,in the first instance,be subject to mediation. Unless MCR and Client agree in writing to alternative procedures,the mediation shall be administered under the Seattle Chapter of the American Arbitration Association,operating under its Construction Industry Mediation Rules. Either party may file the demand for mediation. The cost of the mediator and mediation service shall be borne equally by both parties. MCR and Client further agree to cooperate fully with the appointed mediator's attempt to resolve the claim or dispute. Neither party may commence litigation for a period of sixty(60)calendar days from the date on which the demand for mediation is served,provided that the other party is proceeding in good faith with the mediation process. This mediation provision may be asserted by either party as grounds for dismissing litigation commenced before the expiration of that period. If MCR commences proceedings to collect amounts owed under this Agreement,the prevailing party shall be awarded its reasonable costs,attorney fees and expert witness fees incurred in establishing whether an amount is owed and the amount owed. 11. LIMITATION PERIOD FOR LEGAL ACTION. Neither party may commence legal action against the other arising out of or relating to this Agreement or the alleged or actual breach of this Agreement,unless the action is commenced within two(2)years of the date on which MCR has last performed services under this Agreement. 12. NO ASSIGNMENT. Neither the Client nor MCR may assign its rights or obligations under this Agreement, before,during or after performance,or as a result of a settlement,without the written consent of the other party. Consent may be withheld for any reason or arbitrarily. 13. WAIVER OF SUBROGATION. To the extent that damages are covered by property insurance the Client and MCR waive all rights against each other for damages except such rights as they may have to the proceeds of such insurance. 14. TERMINATION. In the event of a default,this Agreement may be terminated by the non-defaulting party upon written notice of not less than ten(10)days during which period the defaulting party shall have the opportunity to cure the default. In the event of termination, MCR shall be paid in accordance with the compensation terms of this Agreement for services through the date of termination,together with all costs arising out of such termination. 15. SEVERABILITY AND SURVIVAL. Any position of this Agreement later held to be unenforceable for any reason shall be deemed void,and all remaining provisions shall continue in full force and effect. All obligations under this Agreement,including provisions allocating responsibility or liability between the Client and MCR shall survive completion of performance or the earlier termination of this Agreement. 16. BILLING RATES. A budget has been provided for reference however due to the nature of our services jobs will be billed based on actual time,material,and expense costs plus overhead, profit,and tax as necessary. Hourly rates are subject to change at the beginning of each new calendar year. Consulting Time will be billed at the rates listed in this Agreement. Direct Labor will be billed at the rates listed in this Agreement plus tax as applicable by law. Materials and/or Expenses will be billed at actual cost plus overhead,profit,and tax as applicable by law. Any consultants engaged by MCR will be billed at actual cost plus overhead,profit,and tax as applicable. All jobs are subject to a Minimum Charge of$500. Testimony Minimum Charge is$750. 17. PAYMENT TERMS Payments are due within 30 days of invoice date. Payments due and unpaid shall be charged interest at rate of 15%per month. ?/0 Page 3 of 4 SOO McBride Construction Resources Incorporated Seattle Portland Website 224 Nickerson Street 5291 NE Elam Young Pkwy,8320 www.mcbrldeconstructlon.com Insurance Repairs and all Seattle,WA 98109 Hillsboro,OR97124 Emafl phases of commercial and Tel:206-283-7121 7el:503 84a a25o Info@mcbrideconstruction.com McBR'DE residential construction Fax:206-284-5670 ConFaxtractor503-8 591962o7 Long Distance Contractor#MCBRICR0991Z Contractor# 1-800-676-5053 18. LIMITATION OF LIABILTY. Client agrees to limit the aggregate of any and all damages and/or costs(including but not limited to attorney fees and expert witness fees)that the Client may recover against MCR(together with its owners,officers,directors,employees,and consultants)to the amount of compensation paid by Client to MCR for MCR's services pursuant to this Agreement. The types of claims to which this limitation applies include, but are not limited to,claims based on negligence,professional errors or omissions,indemnity or contribution, breach of contract,breach of expressed or implied warranty and strict liability. Client and MCR hereby certify and agree that the limitation liability provisions of this Agreement have been freely and mutually negotiated. Sincerely, Accepted by Client: SCOtt oai,aia xcned by So.McClellan ort ov4con Mcoenen,o.,ada,de a e w„c a o„a e,o,..e,,e,c.o w McClellan "aNdconMmthddeconml,d "` onczozoow 14451+-07 McBride Construction Resources Inc. Client Name C' nt Signature /— zozn Date Signed Page 4 of 4 .4 CERTIFICATE OF LIABILITY INSURANCE DATE _ 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 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 Parker,Smith a Feak,Inc. PH°NE 425-709-3600 `F LAIC.N 425-709-7460 2233 112th Avenue NE EAIC:Ea mULI. Eafont: pM Bellevue,WA 98004 ADDRESS: INSURERS)AFFORDING COVERAGE NAIC C INSURER A: Nautilus Insurance Company INSURED INSURER S: Great Divide Insurance Company McBride Construction Resources,Inc. 15100 8th Ave.S.W. INSURER c: Stirlen,WA 98166 INSURER D: 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 AU.THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. BR OLICY LTR TYPE OF INSURANCE A wvn POUCYNUMBER LIMITS A GENERAL UAIMUTY ECP202662312 07/15/2020 07/15/2021 EACH OCCURRENCE s 1,000,000 RENTED K COLURCIALGENERAL! Aaiun, i E Eadcaa:anoal S 300,000 CIAIMS.MADE []OCCUR M1ED EDP(Any cre person) S 5,000 K Prof Uab(Claims Made) PERSONAL&ADV INJURY $ 1.000,000 x Poll Ueb(Occurrence) GENERAL AGGREGATE $ 2,000,000 I I' I GENT.AGGREGATE pLIIMIITAP�FUUE��SPat PRODUCTS-COMPIOPAGO $ 2,�.� POLICY ITC III& LOC $ B AUTOMOBILE LIABILITY BAP202662112 07/1512020 07/15/2021 COI,aNSINGLE LIMr s 1,000,000 K ANYAUTO 1BEOaDILYINJURY(Pmperson) S ALL OWNED —SCHEDULED GOOEY INJURY(Peraoddrd) S AUTOS AUTOS PROPERTY DAMAGE HIRED AUTOS AAmos Wf►NED !PeracddanII X COMP aloof x COLL S1000 S A r UMBRELLA UAB 11E1 FFX2002882712 07/15/2020 07/15/2021 EACH OCCURRENCE s 1.000,000 X EXCES`SLIAS CLAMJSMADE AGGREGATE $ 1,000,000 DED I IC I RETENTIONS NIA S A WORKERS COMPENSATION ECP202662312 I We sTLAMTI- K OTIi AND EMPLOYERS'LJABILJTY r l N 07/15/2020 07/15/2021 TORY eI ANYPROPRIETOWPARTNERIEXECUTNE WA Stop Gap EL EACH ACCIDENT $ 1,000,000 OFFICERAIEMBEREXCLUDED? NIA "WASt0P GaP (Mandalay In NHI EL DISEASE.EA EMPLOYEE S 1.000.000 Byes PTIOauFOr DESCRIPTION OF OPER/►TIDNS below EL DISEASE-PO.N:Y LIMIT S 1,000,°W DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Mach ACORD 101,Additional Remarks Schedule,If mac apace N required) Exhibit of Insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. McBride Construction Resources,Inc. 15100 8th Ave SW AUTHORIZED REPRESENTATIVE eurien,WA 98188 • RJi p E)1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 1 (MJS01) DATE (MM/DD/YYYY) 1802503133 CERTIFICATE OF LIABILITY INSURANCE 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 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). CONTACT PRODUCER NAME: FAX PHONE Qbslfs-!Tnjui!'!Gffl-!MMD/ 61:.89:.946161:.:42.18:5 (A/C, No): (A/C, No, Ext): 27312!F!Joejbob!Bwf-!Tvjuf!2111 E-MAIL ADDRESS: Tqplbof!Wbmmfz-!XB!::327 INSURER(S) AFFORDING COVERAGENAIC # Obvujmvt!Jotvsbodf!Dpnqboz INSURER A : INSURED Hsfbu!Ejwjef!Jotvsbodf!Dpnqboz INSURER B : NdCsjef!Dpotusvdujpo!Sftpvsdft-!Jod/ INSURER C : 26211!9ui!Bwf/!T/X/ Cvsjfo-!XB!:9277 INSURER D : INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSRWVD GENERAL LIABILITY FDQ3137734.25 2-111-111 FBDI!PDDVSSFODF% B 18026031331802603134 EBNBHF!UP!SFOUFE 9 411-111 DPNNFSDJBM!HFOFSBM!MJBCJMJUZ% QSFNJTFT!)Fb!pddvssfodf* 6-111 9 DMBJNT.NBEFPDDVSNFE!FYQ!)Boz!pof!qfstpo*% 9 2-111-111 Qspg!Mjbc!)Dmbjnt!Nbef* QFSTPOBM!'!BEW!JOKVSZ% 3-111-111 Qpmm!Mjbc!)Pddvssfodf* 9 HFOFSBM!BHHSFHBUF% 3-111-111 HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;QSPEVDUT!.!DPNQ0PQ!BHH% QSP. % 99 QPMJDZMPD KFDU DPNCJOFE!TJOHMF!MJNJU 2-111-111 AUTOMOBILE LIABILITY CBQ3137732.25 )Fb!bddjefou*% C 18026031331802603134 CPEJMZ!JOKVSZ!)Qfs!qfstpo*% 9 BOZ!BVUP BMM!PXOFETDIFEVMFE CPEJMZ!JOKVSZ!)Qfs!bddjefou*% BVUPTBVUPT OPO.PXOFE QSPQFSUZ!EBNBHF % IJSFE!BVUPT )Qfs!bddjefou* BVUPT % 99 DPNQ!%2-111DPMM!%3-111 GGY3137738.25 UMBRELLA LIAB 2-111-111 9 FBDI!PDDVSSFODF% PDDVS B 18026031331802603134 2-111-111 EXCESS LIAB 9 DMBJNT.NBEFBHHSFHBUF% 9 O0B % EFESFUFOUJPO% XD!TUBUV.PUI. WORKERS COMPENSATION FDQ3137734.25 9 B UPSZ!MJNJUTFS AND EMPLOYERS' LIABILITY 18026031331802603134 Y / N XB!Tupq!Hbq 2-111-111 BOZ!QSPQSJFUPS0QBSUOFS0FYFDVUJWF F/M/!FBDI!BDDJEFOU% N / A PGGJDFS0NFNCFS!FYDMVEFE@ !++!XB!Tupq!Hbq 2-111-111 (Mandatory in NH) F/M/!EJTFBTF!.!FB!FNQMPZFF% Jg!zft-!eftdsjcf!voefs 2-111-111 F/M/!EJTFBTF!.!QPMJDZ!MJNJU% EFTDSJQUJPO!PG!PQFSBUJPOT!cfmpx DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Fyijcju!pg!Jotvsbodf/ CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NdCsjef!Dpotusvdujpo!Sftpvsdft-!Jod/ AUTHORIZED REPRESENTATIVE 26211!9ui!Bwf!TX Cvsjfo-!XB!:9277 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD 2!pg!2)IJT11*