2020/12/30 Council Agenda Packet

CITY OF EVERETT PROFESSIONAL SERVICES AGREEMENT EVERETT THIS AG E NT made and entered into on this 1st day of January, 2021, by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Pacific Surveying & Engineering, Inc., whose address is 909 Squalicum Parkway, Suite 111 Bellingham, WA , hereinafter referred to as the ' Service Provider." RE ME WHEREAS, the .City desires to engage the Service Provider to provide on -call surveying services for the City of Everett; and WHEREAS Service Provider represented, and by entering mto this Agreement now represents, that it is fully qualified to perform the work to be performed hereunder in a competentand professional manner; NOW, THEREFORE, the parties. herein do mutuallyagree as follows: 1. .Engagement of Service Provider. The City hereby agrees to engage the Service Provider, and the Service Provider hereby agrees, to perform the work in a competent and professional manner and provide the .services described in the attached "Exhibit.A - Scope of Work". The Scope of Work so identified is hereafter referred to as "Work". Without a written directive of an authorized representative of the City,. the Service Provider shall not perform any services that are in addition to, or beyond the scope of, the Work Ifthe Service Provider's proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this Agreement; then the Service. Provider expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement between the City and Service Provider. If, and to the extent, the Work includes the design of a public work or improvement, in whole or in part, Service Provider's design shall be reasonably accurate, adequate and suitable for its intended purpose. 2. Intellectual Property Rights. Reports, drawings, plans, specifications and any other intangible pioperty created in furtherance of the Work are property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible property created pursuant to this Agreement, or for the City of Everett, belong to the City of Everett.. Service Provider retains any intellectual property rights in documents and intangible property created by Service Provider prior to engagement, or not created by Service Provider for its performance of this Agreement. 3. Time of Beginning and Completion. of Performance This Agreement shall commenceas of the date of execution of this Agreement and shall be completed by 31 December 2022. Page 1 (Form Approved by City Attorney's Office January 7, 2010, updated August 16, 2019)