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BLD2023-1316+Structural Engineer Proposal+10.23.2023_9.31.26_AM+3854559 (4)October 18, 2023 Isaiah Park Steadfast Construction, Inc. 4913 70t" Avenue West University Place, WA 98467 RE Bella Coola Condominiums Deck Guardrails Removal and Replacement Proposal for Structural Engineering Services Dear Isaiah: 19011 Woodinville Snohomish Road NE Suite 100 Woodinville, WA 98072 phone: 206.407.6456 www.smithcompanystructuralengineers.com RECEIVED Oct 24 2023 BLD2023-1316 THROUGH BLD2023-1324 Our understanding of the project is based on emails from you on 9/26 and 10/12. Project Description The project is the replacement of a rotted plywood fascia on three side of (12) elevated decks at the Bella Coola Condominiums at 654 5t" Avenue South, Edmonds, WA 98020. Scope of Services The scope of services is limited to the following: • Structural recommendations for reattachment of the existing guardrails after replacement of an existing damaged fascia • Site visits as requested or warranted • Details for building permit submittal Design for waterproofing is not included in our scope of work. Fees We propose to work hourly at the rates listed below. Hourly Rate Schedule For work billed hourly, our rates for this project through June 2023 will be as follows: • Principal $160 • Engineer $140 Reimbursables Reimbursable expenses will be billed in addition to fees above and are as follows: • In-house plotting consultant's drawings for our use: We will use local reprographics rates. • In-house plots when necessary for submittals: We will use local reprographics rates. • Courier when requested: Cost plus 10% Plotting of our own drawings for our use will not be billed to you. The proposal is based on the project description, design scope, and design assumptions noted in this letter, as well as the attached Schedule of Conditions, which is a part of this agreement. Please sign this document and return a copy so that we may proceed. Sincerely, Smith Company Structural Engineers, LLC Joff Smith, P.E, S.E., Principal For Steadfast Construction, LLC. Date 2 Schedule of Conditions The services and compensation of Smith Company Structural Engineers, LLC are based on the following conditions unless otherwise noted in the accompanying proposal. 1. Reimbursable Expenses 1.1 Expenses and services not directly provided by Smith Company Structural Engineers, LLC will be charged at 1.1 x cost. Reimbursable expenses include travel expenses, printing of drawings or specifications, courier service, overnight mail, equipment rental, and other charges incurred during the course of our work, not directly provided by us. These items are not included in our fee unless specifically noted in our proposal. 2. Billing 2.1 Invoices will be issued monthly and are payable within 15 days of the date client receives our invoice. An interest charge of 1%/month will be payable on any amount not paid within this time period. Payments are without retention. 3. Dispute Resolution 3.1 In an effort to resolve conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Smith Company Structural Engineers, LLC agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. 3.2 Should the dispute not be resolved by nonbinding mediation, it shall be litigated in King County, Washington Superior Court. 30 days prior to commencing any judicial proceeding, the Client shall provide to Smith Company Structural Engineers, LLC a written certification executed by an independent design professional currently practicing in the same discipline and licensed in the State of Washington. This certification shall specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a professional performing services under similar circumstances. 4. Standard of Care 4.1 Services provided by Smith Company Structural Engineers, LLC under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in accordance with the governing codes and regulations adopted at the time of the execution of this agreement. No other warranty or representation, either expressed or implied, is included or intended in our proposals, contracts, plans and specifications, or reports. 5. Risk Allocation/Limit of Liability 5.1 The Client agrees that to the fullest extent permitted by law, Smith Company Structural Engineers, Inc's total liability to the Client for any from any cause or causes, shall not exceed the total amount of the fees for and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement services or $15,000, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 5.2 The basic agreement includes errors and omissions insurance up to $1,000,000. 6. Termination 6.1 This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. Assignment 6.2 This Agreement shall be governed by the laws of the State of Washington. Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. 7. Insurance 7.1 Notwithstanding any other provision in this Agreement, nothing shall be construed so as to void, vitiate, adversely affect or in any other way impair any insurance coverage held by either party to this Agreement. 4