Salas OBrien 9/12/2018 - Laserfiche WebLink

CITY OF EVERETT Cin l PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into on this /L day of 5e fit- , % , by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, hereinafter referred to as the "City," and Salas O'Brien, whose address is 10202 5th Ave. NE,Suite 300,Seattle,WA 98125, hereinafter referred to as the "Service Provider." WHEREAS, the City desires to engage the Service Provider to perform Arc Flash Breaker Coordination Studies at the following facilities; •WSB-Wall Street Bldg.-2930 Wetmore Ave,Everett 98201 • South Precinct/911 Dispatch- 1121 SE Everett Mall Way,Everett 98208 •EPAC-Everett Performing Arts Center-2710 Wetmore Ave.,Everett 98201 •Main Library-2702 Hoyt Ave.,Everett 98201 • SC#1-Service Center Building#1-3200 Cedar St.,Everett 98201 •Everett Station-3201 Smith Ave.,Everett 98201 for the City of Everett; and WHEREAS, Service Provider represented, and by entering into this Agreement now represents, that it is fully qualified to perform the work to be performed hereunder in a competent and professional manner; NOW, THEREFORE, the parties herein do mutually agree as follows: 1. Engagement of Service Provider. The City hereby agrees to engage the Service Provider, and the Service Provider hereby agrees, to perform the work in a competent and professional manner and provide the services described in the attached "Exhibit A - Scope of Work". The Scope of Work so identified is hereafter referred to as "Work". Without a written directive of an authorized representative of the City, the Service Provider shall not perform any services that are in addition to, or beyond the scope of, the Work. If the Service Provider's proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or terms in addition to or different from the terms of this Agreement, then the Service Provider expressly agrees that such conditions or terms are neither incorporated nor included into this Agreement between the City and Service Provider. If, and to the extent, the Work includes the design of a public work or improvement, in whole or in part, Service Provider's design shall be reasonably accurate, adequate and suitable for its intended purpose. 2. Intellectual Property Rights. Reports, drawings, plans, specifications and any other intangible property created in furtherance of the Work are property of the City for all purposes, whether the project for which they are made is executed or not, and may be used by the City for any purpose. Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or intangible property created pursuant to this Agreement, or for the City of Everett, belong to the City of Everett. Service Provider retains any intellectual property rights in documents and intangible property created by Service Provider prior to engagement, or not created by Service Provider for its performance of this Agreement. Page 1 (Form Approved by City Attorney's Office January 7,2010,updated July 23,2018)