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ContractDEI DIBBLE ENGINEERS INC CLIENT: Montclair HOA PROFESSIONAL SERVICE AGREEMENT Care of CDK Construction ADDRESS: P.O. Box 1767 Duvall, WA 98019 CONTACT: Nahshon Graumann, Sr. Project Manager ngraumann@cdkconstruction.com 206.898.2899 PROJECT: Montclair HOA Units 106 & 202 — Edmonds, WA PREPARED BY: Michael H. Miller Il, EIT DATE: June 7, 2021 DEI JOB #: 20-279 Phase 601 Dibble Engineers Inc. (DEI) is pleased to present this proposal for structural engineering services for the Montclair HOA Units 106 & 202 — Edmonds, WA project. This letter proposal includes our Project Description, Scope of Engineering Services, and Summary of Professional Service Fees. If you have any questions or would like more detail on scope items, please do not hesitate to call. Thank you for the opportunity to provide these engineering services. Prniprt nperriDtior The proposed project is for the structural engineering review and design repair recommendation for damaged framing at two units at the Montclair Townhomes. The project is located at 8500 Main St, Edmonds, WA 98026. Scope of Engineering Services 1. Perform an initial scope of work site visit with the Contractor to coordinate the scope of design, detail concerns, and other structural elements of the project. 2. Provide PDF structural engineering report with summary letter and repair sketches. Design shall conform to the International Building Code, 2018 Edition as adopted by the local governing jurisdiction. 3. Provide construction support services on an hourly basis directed by the Owner or Contractor as requested. 4. Design revisions that affect the engineering work or components of the engineering work that are completed may be subject to additional design fees. Summary of Professional Service Fees Dibble Engineers' fees are proposed as noted below. Engineering fees are billed monthly on an hourly or percent completed basis. Reference the attached Schedule of Billing Rates and Expenses for engineering rates. Phase 601: Construction Support Services Hourly Time & Expense Montclair HOA Units 106 & 202 it DEI DEI Project # 20-279 Phase 601 II.DIBBLE ENGINEERS INC June 7, 2021 Unless noted otherwise, reimbursable expenses are separate from our fees and will be billed at 1.10 times direct cost. This will include mileage, tolls, plotting, reproduction costs, and sub -consultants, permitting fees or other expenses per our attached Schedule of Billing Rates and Expenses. Acceptance of ProDosal Professional services for this project shall be provided according to the terms and conditions attached to this letter form agreement, or, alternately, an AIA type Form of Agreement C401-2017. If this proposal and contract form are acceptable, please sign where noted and return a copy for our records. Our insurance carrier requires that Dibble Engineers Inc. have a signed agreement prior to starting services. Please include all pages of this agreement when returning to DEI. A copy of our certificate of coverage is available on request. Submitted By: Robb A. Dibble, PE Title: Principal Signature Approved By: Nahshon Graumann Title: Project Manager PRI D N Date: 6/10/21 SIGNATURE Attachments: Terms and Conditions and Schedule of Billing Rates & Expenses PAGE 2OF4 It DEI II.DIBBLE ENGINEERS INC TERMS & CONDITIONS Montclair HOA Units 106 & 202 DEI Project # 20-279 Phase 601 June 7, 2021 Dibble Engineers Inc. herein known as "DEI" shall perform the services outlined in the signed letter form agreement for the stated fee arrangement according to the following Terms and Conditions unless stipulated otherwise by a prepared Standard Form of Agreement between DEI and the Client. FEE: "Fixed Fee', if stated, shall not be exceeded without written approval of the Client. Where the fee arrangement is on an hourly basis, an approximate budget is stated based on experience. Design fees shall not be exceeded by more than 20% without written approval of the Client. Hourly rates shall be those that prevail at the time services are rendered. This contract with the associated fees is good for 90 days from the contract date. If for any reason substantial work does not start within 90 days from the contract date the fees can be renegotiated. BILLINGS & PAYMENTS: Services provided by DEI constitute professional services within the meaning of RCW 60.04.011(4). You may, under separate cover, receive notice in accordance with RCW 60.04.031(1) of DEI's right to claim alien. Invoices for DEI's services shall be submitted either upon completion of such services or on a monthly basis. Invoices are due upon receipt and shall be paid within 30 days after the invoice date. If the invoice is not paid within 30 days after the date of the invoice, DEI may, without waiving any claim or right against the Client and without liability whatsoever to the client, terminate the performance of the service. Retainer shall be credited on the final invoice. LATE PAYMENTS: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the then unpaid balance (18% true annual rate). In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection. DEI may utilize Professional Service Liens to help secure payment of accounts that are unpaid 60 days or more. CLIENT FURNISHED INFORMATION: It is the Client's responsibility to provide DEI with correct site information, including legal description, existing building locations and elevations, and geotechnical reports. Such information shall be provided by a licensed Professional Land Surveyor and/or a licensed Geotechnical Engineer. STANDARD OF CARE: Services provided by DEI under this agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Upon notice to DEI and by mutual agreement between the parties, DEI will correct those services not meeting such a standard without additional compensation. WATERPROOFING - WEATHERPROOFING: DEI recommends that a licensed design professional specific to this area be consulted. DEI does not provide details, flashing recommendations, or envelope design systems for buildings or parts of buildings. The Owner, Architect, client, or Contractor shall coordinate with a design professional specialist in the area of water -weatherproofing systems on the project. INDEMNIFICATION: The Client shall indemnify and hold harmless DEI and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) arising out of, or resulting from the performance of the services, provided that any such claim, damage, loss, or expenses are caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client (except DEI), or anyone for whose acts any of them may be liable. RISK ALLOCATION: In recognition of the relative risks, rewards, and benefits of the project to both the Client and DEI, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, DEI's total liability to the client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten times our fee or $250,000, whichever is more. Such causes include, but are not limited to: DEI negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. TERMINATION OF SERVICES: This agreement maybe terminated by the Client or DEI should the other fail to perform its obligation hereunder. In the event of termination, the Client shall pay DEI for all the services rendered to the date of the termination, all reimbursable expenses, and reimbursable termination expenses. NOTICE OF LIEN: As applicable to Washington State's Mechanics Lien Laws; and incorporated into the terms of the services agreement this serves as a notification of the right to lien the real property associated with this project should failure of payment by the client occur. Through signing the Professional Services Agreement, the Client understands they have been informed with this notice of intent to Lien. OWNERSHIP OF DOCUMENTS: All documents electronic or otherwise, produced by DEI under this agreement shall remain the property of DEI and may not be used by the Client for any other endeavor without the written consent of DEI. DISPUTE RESOLUTION: To resolve any conflict that may arise during or following the completion of the project, the Client agrees to resolve through binding arbitrations under the rules of the American Arbitration Association unless all parties mutually agree otherwise. In any such arbitration, in addition to any other relief granted, the arbitrator shall determine that one party has substantially prevailed. The arbitrator shall award to that prevailing party its actual attorneys' fees and costs. APPLICABLE LAWS: Unless otherwise specified, this agreement shall be governed by the laws of the State of Washington. PAGE 3OF4 Montclair HOA Units 106 & 202 DEI DEI Project # 20-279 Phase 601 I'LDIBBLE ENGINEERS INC June 7, 2021 SCHEDULE OF BILLING RATES AND EXPENSES Staff Hourly Rates: (Updated 2019) Principal $210.00 / Hour Senior Associate $185.00 / Hour Associate $180.00 / Hour Senior Project Manager II $180.00 / Hour Senior Project Manager 1 $160.00 / Hour Project Manager III $180.00 / Hour Project Manager II $160.00 / Hour Project Manager 1 $140.00 / Hour Project Engineer III $140.00 / Hour Project Engineer II $125.00 / Hour Project Engineer 1 $115.00 / Hour Design Engineer III $125.00 / Hour Design Engineer II $115.00 / Hour Design Engineer 1 $105.00 / Hour CAD Manager $125.00 / Hour Senior CAD Lead $115.00 / Hour Senior CAD Designer $105.00 / Hour CAD Designer II $85.00 / Hour CAD Designer 1 $75.00 / Hour Project Administrator $75.00 / Hour Office Administrator $75.00 / Hour Engineering Intern $60.00 / Hour Printing & Plotting C or D-Size Prints $4.00 / Sheet E or El -Size Prints $6.00 / Sheet Originals Any Size (Wet Sealed) $10.00 / Sheet Photocopies (Black and White) $0.10 / Page Photocopies (Color) $1.00 / Page Unless noted otherwise, reimbursable expenses are separate from our fees and will be billed at 1.10 times direct cost. This may include mileage, plotting, tolls, reproduction costs, tolls, sub -consultants, and/or other expenses. PAGE 4OF4