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22-126.00 McBride Construction Resources: City Hall Repairs Consulting Svcs - 1 26 10147° McBride Construction Seattle Portland Website Resources Incorporated 151008'"Ave SW 5291NEElarn Young Pkwy,8120 www.mcbrideconstruction.com Insurance Repairs and all Burien,WA 98166 Hillsboro,OR 97124 Email phases of commercial and Tel:206-283-7121 Tel:503-844.4250 Info@mcbrideconstruction.com residential construction Fax:206-284-5670 Fan:503.344-4207 Long Distance McBRIDE Contractor S MCBRICR0991Z Contractor 1-800-676-5053 Professional Services Agreement DATE:Thursday, May 26,2022 PROJECT NAME:City of Spokane Valley Allocation Assistance CLIENT: CoSV CONTACT INFORMATION:C/O Randall/Danskin Attn: Mr.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 • Trial 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: Assist AG with allocations,allow for 3 days of mediation, plus testimony allowance. BUDGET PROPOSAL: Allow for range of$15,600-$19,800. 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 McBride Construction 6 . 0 Resources Incorporated Seattle Portland Website 151008'°Ave SW 5291NE Elam Young Pl,v, tt120 www.mcbrideconstntction.com Email Insurance Repairs and all Burien,WA 98166 Hillsboro,OR97124 phases of commercial and Tel:206-283-7121 Tel 503-a44-425o Info@mcbrideconstruction.com residential construction Fax:206-284-5670 Far:503-844-4207 Long Distance McBRIDE Contractor U MCBRICR09912 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 4 040 McBride Construction Resources Incorporated Seattle Portland Website 15100 8'"Ave SW 5291 NE Elam Young Pktvy,atzo ww�v.mcbrideconstruction.cont Email Insurance Repairs and all Burien,WA 98166 Hillsboro,OR 97124 phases of commercial and Tel:206-283-7121 Tel:503-844-4250 Info@mcbrideconstruction.com McBRIDE residential construction Fax:206-284-5670 Fax:503-844-4207 Long Distance Contractor#MCBRICR09912 Contractors 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 1.5%per month. Page 3 of 4 Ci•O McBride Construction Resources Incorporated Seattle Portland Website 15100 8t"Ave SW 5291 NE Elam Young Pktvy,#120 www.mcbrideconstruction.com Insurance Repairs and all Burien,WA 98166 Hillsboro,OR 97124 Email phases of commercial and Tel:206-283-7121 Tel:503-844-0250 Info@mcbrideconstruction.com residential construction Fax:206-284-5670 Fax:503-844-4207 Long Distance McBRIDE Contractor 4 MCBRICR0991Z Contractor St 59196 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 Digitally signed by Scott McClellan DM cn Scott McClellan,o=McBride Construction Resources.Inc,ou. McClellaneemall.ScottM@nscbrideconstruction. Date:202210.03161235-07.00. EC i McBride Construction Resources Inc. Client Name Client Si Da e Z 22 5 gned Page 4 of 4 Aco® I RANGE °A07/15/2 2;"Y4-- 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: Parker, Smith&Feek,Inc. PHONE 425-709-3600 FAX 425-709-7460 2233 112th Avenue NE E-MAIL° E"tl Bellevue,WA 98004 ADDRESS INc,No): INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Nautilus Insurance Company INSURED INSURER B: Great Divide Insurance Company McBride Construction Resources, Inc. 15100 8th Ave.S.W. INSURER C: Burien,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 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 LIMITS LTRINSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY ECP20266231 3 07/15/2021 07/15/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE 10 RENTED 300,000 K COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE K OCCUR MED EXP(Any one person) § 5,000 K Prof Liab(Claims Made) PERSONAL&ADV INJURY § 1,000,000 X Poll Liab(Occurrence) GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —1 POLICY K JE 4 K LOC $ B 07/15/2021 07/15/2022 AUTOMOBILE LIABILITY BAP202662113COMBINED(Eaaccident) $SINGLE LIMIT '1,000,000 K ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X COMP$100C K COLL$1000 $ A UMBRELLA LIAB K OCCUR FFX202662713 07/15/2021 07/15/2022 EACH OCCURRENCE § 1,000,000 K EXCESSLIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED K RETENTIONS N/A $ WORKERS COMPENSATION Y/N ECP202662313 WC STATU- K A OTH- AND EMPLOYERS'LIABILITY 07/15/2021 07/15/2022 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE WA Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA **WA Stop Gap(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/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is 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 Burien,WA 98166 i r f.• I /9 �d ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD