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Proposal 2/19/2025
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<br />P:\Work\Estimates\2025\P25HRM0128 Bayley Construction - New Everett Stadium\EST\P25HRM0128-Bayley Construction-02-2025.docx
<br /> TERMS AND CONDITIONS
<br />BILLING RATES – 2025
<br />Survey Principal $230
<br />Survey Associate Principal $215
<br />Survey Project Manager $200
<br />Survey Instrument Operator $175
<br />Survey Senior Instrument Operator $190
<br />Survey Crew Chief $245
<br />Survey Senior Crew Chief $285
<br />Survey Processor $190
<br />Civil Principal $240
<br />Civil Senior Project Manager $215
<br />Civil Designer $165
<br />Senior Planner $205
<br />Wetland Specialist $180
<br />Administrator $125
<br />Travel $130
<br />Expert Witness $400
<br />Drone Operation $250
<br />Utility Rate $170
<br />Other rates may apply to other specific services.
<br />HOURLY BILLING RATES SUBJECT TO ADJUSTMENT ANNUALLY
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<br />DIRECT PROJECT CHARGES
<br />Living and travel expenses, out-of-area long-distance charges,
<br />subcontracted services, printing & reproduction expenses, and all
<br />other materials & equipment costs are charged at cost, plus 15%.
<br />PAYMENT TERMS
<br />Harmsen invoices on a monthly basis. Invoices are due and payable
<br />within 25 days after presentation. Interest at the rate 18% per annum
<br />from date of invoice will be assessed on any balance not paid within
<br />thirty (30) days of the date of invoice. All credit card transactions will
<br />incur a 3% transaction fee.In the event Harmsen is not timely paid on
<br />this contract or on any other contract with the client, Harmsen may,
<br />without notice, suspend its performance.
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<br />OWNERSHIP OF WORK PRODUCT
<br />The data, designs, drawings, maps, plans, specifications, reports,
<br />photographs and other documents produced by Harmsen LLC
<br />hereafter referred to as Harmsen pursuant to this agreement are, and
<br />remain, the exclusive property of Harmsen. Harmsen will provide a
<br />single original copy of the ORIGINAL PRINTED drawings, maps, plans,
<br />specifications, reports and other documents as required for the
<br />Client's use for the fee set forth. Additional or multiple copies will be
<br />furnished as a reimbursable expense at the above listed rates.
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<br />FULL DISCLOSURE AND RELIANCE
<br />Client asserts that they have fully disclosed all applicable information
<br />related to this agreement and that Harmsen may rely on all such
<br />information, provided by the client, the clients employees, agents,
<br />contractors, or consultants.
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<br />Client also asserts that if they are not the landowner, the landowner
<br />is aware that client has retained Harmsen for improvement of
<br />landowners property.
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<br />Client agrees to defend, indemnify, and save harmless, Harmsen our
<br />officers, agents, and employees from and against any and all suits and
<br />claims in connection with the work of this contract. Clients indemnity
<br />obligation does not extend to liability resulting from the sole
<br />negligence of Harmsen If a claim for injuries, death, or property
<br />damage is caused by the concurrent negligence of Client and Harmsen
<br />this indemnity provision shall only be enforceable to the extent of the
<br />negligence of the Client.
<br />DEFAULT (ACTION, COSTS, VENUE)
<br />The Client agrees that in consideration of the relative opportunities for financial reward from this project for the parties to this Agreement, the
<br />maximum aggregate amount of its recovery from Harmsen or our employees due to any and all claims of professional negligence and breach of
<br />contract arising out of any incident shall be limited to the amount of fees paid to us under this Agreement, or $50,000.00, whichever is less. Harmsen
<br />shall not be liable for consequential damages, including loss of use or pro fits, or indirect damages, regardless of whether such claim is based upon
<br />alleged breach of contract, willful misconduct, strict liability, breach of warranty, or negligent act, error, or omission, w hether professional or
<br />nonprofessional. In the event the Client fails to make payment as required by this agreement, and Harmsen commences action to collect the
<br />payments that are due: (a) the Client shall pay all costs that Harmsen reasonably incurs to collect such payment, including but not limited to attorney's
<br />fees, filing fees and service charges to record and release liens, and interest on any judgment entered hereon; and (b) the venue for any lawsuit shall
<br />be in Snohomish County, WA.
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<br />CLIENT [[s|1 ]]
<br />_______________________________________________________________________________________________________________________________________________________________________________
<br />NAME: [[t|1 ]] Date
<br />TITLE: [[t|1 ]] [[d|1 ]]
<br />
<br />LAND OWNER (if not Client)
<br />[[s|2 ]]
<br />_______________________________________________________________________________________________________________________________________________________________________________
<br />NAME: [[t|2 ]] Date
<br /> [[d|2 ]]
<br />
<br />BILLING ADDRESS (other)
<br />
<br />ADDRESS: [[t|1|r:1 ]]
<br />[[t|1|r:1 ]]
<br />
<br />HARMSEN, LLC
<br /> [[s|0 ]]
<br />___________________________________________________________________________________________________________________________________________________________________________
<br />NAME: [[t|0 ]] Date
<br />TITLE: [[t|0 ]] [[d|0 ]]
<br />Design-Build Contract for Everett Outdoor Events Center
<br />Exhibit C - Phase 1A Work and Fee Proposal
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