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6 �. <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 18th day of April,2006,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 HDR Engineering, Inc.,whose address is 500 108th <br /> Avenue, Suite 1200,Bellevue,WA 98004,hereinafter referred to as the "HDR." <br /> WHEREAS,the City desires to engage HDR to perform a Hydraulic Evaluation for the City of <br /> Everett; and <br /> WHEREAS, HDR 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 <br /> manner; <br /> NOW,THEREFORE,the parties herein do mutually agree as follows: <br /> 1. Engagement of HDR. The City hereby agrees to engage HDR, and HDR hereby agrees, <br /> to perform the work in a competent and professional manner and provide the services described <br /> in the attached "Exhibit A- Scope of Work". The Scope of Work so identified is hereafter <br /> referred to as"Work". Without a written directive of an authorized representative of the City, <br /> HDR shall not perform any services that are in addition to,or beyond the scope of, the Work. If <br /> HDR'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 HDR <br /> expressly agrees that such conditions or terms are neither incorporated nor included into this <br /> Agreement between the City and HDR. If, and to the extent,the Work includes the design of a <br /> public work or improvement, in whole or in part,HDR's design shall be reasonably accurate, <br /> adequate and and in accordance with the scope of services as incorporated in this Agreement. <br /> 2. Intellectual Property Rights. Reports, drawings,plans, specifications and any other <br /> intangible property created in furtherance of the Work are property of the City for all purposes, <br /> whether the project for which they are made is executed or not, and may be used by the City for <br /> any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in such <br /> documents or intangible property created pursuant to this Agreement, or for the City of Everett, <br /> belong to the City of Everett. HDR retains any intellectual property rights in documents and <br /> intangible property created by HDR prior to engagement, or not created by HDR for its <br /> performance of this Agreement. However,the parties agree that the materials or documents <br /> provided or prepared by the Contractor are intended for the project under this Agreement Any <br /> reuse of said materials or documents shall be without liability or legal exposure to the Contractor <br /> 3. Time of Beginning and Completion of Performance. This Agreement shall commence <br /> as of the date of execution of this Agreement and shall be completed by July 31, 2006. <br /> 18 <br /> Agreement 1 of 8 <br />