Laserfiche WebLink
u 111. <br /> orzerr <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of , ,by and between <br /> the CITY OF EVERETT,a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the"City," and Botesch,Nash, &Hall Architects,P.S.,whose address is 2915 <br /> Hewitt Avenue,Everett WA 98201,hereinafter referred to as the"Contractor." <br /> WHEREAS,the City desires to engage the Contractor to have Designs Northwest Architects prepare a <br /> conceptual design and specification for improvements at the Everpark Garage and Arcade for the City of <br /> Everett; and <br /> WHEREAS, Contractor represented, and by entering into this Agreement now represents, that it is fully <br /> qualified to perform the work to be performed hereunder in a competent and professional manner; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of Contractor. The City hereby agrees to engage the Contractor, and the <br /> Contractor hereby agrees,to perform the work in a competent and professional manner and provide the <br /> services described in the attached"Exhibit A-Scope of Work". The Scope of Work so identified is <br /> hereafter referred to as"Work". Without a written directive of an authorized representative of the City, <br /> the Contractor shall not perform any services that are in addition to,or beyond the scope of,the Work.If <br /> the Contractor's proposal is attached as an exhibit,and if such proposal contains or incorporates any <br /> conditions or terms in addition to or different from the terms of this Agreement,then the Contractor <br /> expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement <br /> between the City and Contractor. If,and to the extent the Work includes the design of a public work or <br /> improvement,in whole or in part,Contractor warrants that such design shall be reasonably accurate, <br /> adequate and suitable for its intended purpose. <br /> 2. Intellectual Property Rights. Reports, drawings,plans,specifications and any other intangible <br /> property created in furtherance of the Work are property of the City for all purposes,whether the project <br /> for which they are made is executed or not,and may be used by the City for any purpose. Unless <br /> otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible <br /> property created pursuant to this Agreement,or for the City of Everett,belong to the City of Everett. <br /> Contractor retains any intellectual property rights in documents and intangible property created by <br /> Contractor prior to engagement,or not created by Contractor for its performance of this Agreement. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as of the <br /> date of execution of this Agreement and shall be completed by February 27,2004. <br /> 4. Compensation. <br /> A. The City shall pay the Contractor only for completed Work and for services actually rendered <br /> which are described herein. Such payment shall be full compensation for Work performed or services <br /> rendered,including,but not limited to, all labor,materials, supplies,equipment and incidentals necessary <br /> to complete the Work. <br /> 1 15 <br />