Laserfiche WebLink
8 <br /> .Err <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 16 day of June,2004,by and between the CITY <br /> OF EVERETT,a municipal corporation under the laws of the State of Washington,hereinafter referred <br /> to as the "City,"and RW Beck,Inc.,whose address is 1001 Fourth Avenue, Suite 2500, Seattle WA, <br /> 98154-1004,hereinafter referred to as the"Beck." <br /> WHEREAS,the City desires to engage Beck to perform consulting engineering services for the City of <br /> Everett; and <br /> WHEREAS, Beck 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 Beck. The City hereby agrees to engage Beck and Beck hereby agrees,to <br /> perform services under this Agreement with the degree of skill and diligence normally practiced by <br /> professional engineers or consultants performing the same or similar services and provide the services <br /> described in the attached'Exhibit A-Scope of Work.No other warranty or guarantee, expressed or <br /> implied,is made with respect to the services furnished under this Agreement and all implied warranties <br /> are disclaimed.Beck The Scope of Work so identified is hereafter referred to as"Work". Without a <br /> written directive of an authorized representative of the City,Beck shall not perform any services that are <br /> in addition to,or beyond the scope of,the Work. If the Beck's proposal is attached as an exhibit, and if <br /> such proposal contains or incorporates any conditions or terms in addition to or different from the terms <br /> of this Agreement, then Beck expressly agrees that such conditions or terms are neither incorporated nor <br /> included into this Agreement between the City and Beck. If, and to the extent,the Work includes the <br /> design of a public work or improvement, in whole or in part,Beck's design shall be reasonably accurate, <br /> adequate and suitable for its intended purpose. <br /> 2. Intellectual Property Rights. All documents prepared by Beck under this Agreement("Work <br /> Products") shall be the property of City;provided,however,(a)Consultant is granted an unrestricted <br /> license to retain copies and use all Work Products,(b)City's use shall be limited to the intended use for <br /> which the Work Products are provided under this Agreement and(c)Beck shall retain ownership of its <br /> intellectual property including the procedures,processes,internal resources,tools and other means used <br /> by Beck to prepare the Work Products . Further,if City releases the Work Products to a third party <br /> without Consultant's prior written consent,or changes or uses the Work Products other than as intended <br /> hereunder, City does so at its sole risk and discretion and Beck shall not be liable for any claims or <br /> damages resulting from or connected with the release or any third party's use of the Work Products. <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 December 31,2006. <br /> 4. Compensation. <br /> i8 <br />