2008/03/05 Council Agenda Packet

its consultants. Any such approval will entitle Service Provider to further compensation to be mutually agreed upon by City and Service Provider, and documents for which compensation is paid will be issued in hard copy and will be stamped by Service Provider or its consultant(s), as appropriate. Service Provider agrees upon request to provide the City with computer disks (CDs) or other electronic media containing the information on drawings prepared by Service Provider (to the extent they have been prepared and updated on CADD). Service Provider reserves the right to remove all indicia of ownership and/or involvement from each electronic display, and to write- protect the disks. This electronic information will be used solely by City in connection with its facilities management for the project that is the subject of the design work. Any electronic information provided to City is subject to the same ownership and usage terms set forth in the parties' Contract. City agrees not to transfer these electronic files to any person or entity (other than a related business entity) without the prior written consent of Service Provider. City hereby waives any and all claims against Service Provider that arise from or relate in any way to any unauthorized changes to or reuse of the electronic files for this or any other project by anyone other than Service Provider. City is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by Service Provider and electronic files, the signed or sealed hard-copy construction documents shall govern. 3. Time of Beginning and Completion of Performance. This Agreement shall commence as of the date of execution of this Agreement and shall be completed by January 31, 2009. 4. Compensation. A. The City shall pay the Service Provider only for completed Work and for services actually rendered which are described herein. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to, all labor, materials, supplies, equipment and incidentals necessary to complete the Work. B. The Service Provider shall be paid such amounts and in such manner as described in Exhibit B. C. Service Provider may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit C is either blank or not attached, expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1) the expense is not identified in Exhibit C; (2) the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C; or (3) the expense was not approved in writing by an authorized City representative prior to the Service Provider incurring the expense. If, and to the extent, overnight lodging in western Washington is authorized, Service Provider is strongly encouraged to lodge within the corporate limits of City. When I0 Page 2 of 9