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CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this `fes day of <br /> 2.0o3 , by and between the CITY OF EVERETT, a municipal corporation under the laws of the <br /> State of Washington, hereinafter referred to as the "City," and Botesch, Nash & Hall, whose address is <br /> 2915 Hewitt Avenue, Everett, WA 98201, hereinafter referred to as the "Contractor." <br /> WHEREAS, the City desires to engage the Contractor to have Elevator Consulting Services, Inc. <br /> provide consulting and design services to repair one hydraulic elevator in the Everpark Garage located <br /> at 2801 Hoyt for the City of Everett; and <br /> WHEREAS, Contractor represented, and by entering into this Agreement now represents, that it is <br /> fully 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 andprovide 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 <br /> City, the Contractor shall not perform any services that are in addition to, or beyond the scope of, the <br /> Work. If the Contractor's proposal is attached as an exhibit, and if such proposal contains or <br /> incorporates any conditions or terms in addition to or different from the terms of this Agreement, then <br /> the Contractor expressly agrees that such conditions or terms are neither incorporated nor included into <br /> this Agreement between the City and Contractor. If, and to the extent the Work includes the design of <br /> a public work or improvement, in whole or in part, Contractor warrants that such design shall be <br /> reasonably accurate, 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 <br /> project for which they are made is executed or not, and may be used by the City for any purpose. <br /> Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or <br /> intangible property created pursuant to this Agreement, or for the City of Everett, belong to the City of <br /> Everett. Contractor retains any intellectual property rights in documents and.intangible property. <br /> created by Contractor prior to engagement, or not created by Contractor for its performance of this <br /> 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 October 10, 2003. <br /> 4. Compensation. <br /> A. The City shall pay the Contractor 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 /> ) <br /> 15 <br />