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1Q <br /> 44-77 <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this day of ,2003,by and between the <br /> CITY OF EVERETT,a municipal corporation under the laws of the State of Washington,hereinafter <br /> referred to as the"City,"and DLR GROUP,whose address is 900 4th Avenue, Suite 700, Seattle,WA <br /> 98164,hereinafter referred to as the "Contractor." <br /> WAFREAS,the City desires to engage the Contractor for The City of Everett Municipal Court <br /> Relocation study; 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. <br /> 2. Ownershiifi)ocuments.Reports,drawings,plans,specifications and any other intangible <br /> property created in furtherance of the Work are works for hire. They shall be and remain for all purposes <br /> theproperty of the City,whether the-project for which they are made is executed or not, and may be used <br /> by the City for any purpose. All such documents shall be considered works for hire. <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence as of <br /> the date of execution of this Agreement and shall be completed by March 30,2004. <br /> 4. Compensation. <br /> A. The Contractor shall be paid by the City only for completed Work and for services actually <br /> rendered which are described herein. Such payment shall be full compensation for Work performed or <br /> services rendered,including,but not limited to,all labor,materials, supplies,equipment and incidentals <br /> necessary to complete the Work. <br /> B. The Contractor shall be paid such amounts and in such manner as described in Exhibit B. <br /> C. Contractor may receive payment as reimbursement for Eligible Expenses actually incurred. <br /> "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or such <br /> expenses as are approved for reimbursement by the City in writing prior to the expense being incurred.If <br /> b5 <br />