10822 EVERGREEN WAY 2016-11-07 - Laserfiche WebLink

F-om: C!F.AN M HOUGH To: Mr. Doug Fraser Date: 2/27/98 Time: 23:01:10 Page 1 of 3 � .. . .' � C...J � � � DEA/V HOUGH & ASSOC/,4 lES :�DDITIONAL CONTRACT TERMS & CONDITIONS: 1. PRODUCTS OF SERVICES a. The origiFials of the reports, designs, drawings, maps, plans, specifications and other documents produced by DHA pursuant to'this agreement are and shall remain the property ot DHA and one original copy shall by given to Client for their use and for their use on this site only. These products of service shall not be reproduced in whole or in part without the written consent of DHA. b. DHA will provide additional copies of reports, drawings, maps, plans, specifications, and other documents as normally required for the client's use in the approval process set forth above and for the fee set forth. Additional copies of the above noted items over and above the additional copies noted above will be fumished as a reimbursable expense at DHA's published rates. 2. CLIENT OBLIGATIONS a. The Client shall provide access to the work area and make available to DHA all information which the Client has regarding DHA's scope of work. DHA may relay upon all such information provided by the Client or the ClienYs employees, contractors or consuftants without independent verification. b.The Client shall pay DHA a professional service fee in the amount set forth in this contract pius allowable reimbursable expenses and authorized additional services according to the following terms: i. Progress invoices for services will be issued periodically by DHA according to the portion of the work completed. Reimbursable expenses and any authorized additional service fees will be invoiced according to DHA's published billing rates attached hereto. ii. Invoices are due and payable on receipt. Interest at the rate of 1.5% per month from date of invoice will be assessed on any balance not paid within thirty (30) days of the date of invoice. iii. Reimbursable expenses, which shall include all charge for such outside costs as plan copies, mileage, equipment rentals, aerial photography, and ovemight lodging and meals incurred as part of the work will be billed to the client at cost plus a 10`Yo mark up. iv. The fee amount is based on a DHA estimate and if any further work must be performed, it must be performed under an agreed change order. If no change order is agreed to, the contract is terminated and DHA will be paid for all work up to that point based on the agreed rates and fees. 3. DEFAULT In the event that the Client fails to make payment as required by this agreement, and DHA commences action to collect the payments that are due, it is agreed that: a. interest shall bear at the maximum rate permitted by the law pursuant to RCW 19.52.020; b. the Client shall pay all costs DHA reasonably incurs to collect such payment, including but not limited to attomey's fees, collection agency fees, filing fees and service charges to record and release liens, and c. Parties agree that the venue for any legal action arising out of this contract described herein or conceming this contract shall be in Snohomish County, Washington. 4. WARRANTY/LIMITING OF DAMAGES DHA warrants that these services will be performed with the usual and customary thoroughness and competence of the engineering profession and within the limits of this agreement. Parties agree that any damages for any liability arising against DHA underthis contract shall be lim�ted to a refund of any fees paid to DHA hereunder. Pursuant to RCW 64.04, those who fumish professional services upon or for the improvement of certain types of real property and who are not paid, have a right to enforce their claim for payment by filing a lien against that property. By signing this Work Order, Client acknowledges that noTice of fumishing professional services has been given. ATTACHMENTS/ADDENDA: �:�;frt�SaM ::�I,v., �3