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CONSULTANT AGREEMENT <br /> FOR PROFESSIONAL SERVICES <br /> THIS AGREEMENT is entered into between Riverfront Phase 1, LLC, Bellevue WA <br /> ("Riverfront"), and the City of Everett ("City"), Riverfront and City hereinafter collectively <br /> referred to as "CLIENT," and Herrera Environmental Consultants, Inc., hereinafter referred to as <br /> "CONSULTANT," in consideration of the mutual benefits, terms, and conditions hereinafter <br /> specified. Riverfront and the City are parties to the Landfill and Environmental Indemnification <br /> Agreement (LEIA). The purpose of this Agreement is for the CONSULTANT to provide certain <br /> services, which are anticipated under the LEIA. This Agreement does not amend the LEIA or <br /> any obligations thereunder in any way. <br /> 1. Project Designation.The CONSULTANT is retained by the CLIENT to perform <br /> Environmental Consulting services in connection with the project designated Riverfront <br /> Landfill Gas System Operations and Maintenance Support. <br /> 2. Scope of Services. The CONSULTANT agrees to perform the services, identified in <br /> Exhibit A attached hereto, including the provision of all labor, materials, equipment, and <br /> supplies. The standard of care applicable to CONSULTANT's services will be the degree <br /> of skill and diligence normally employed by others performing the same or similar <br /> services. <br /> 3. Time for Performance.Work under this Agreement shall commence upon the giving <br /> of written notice by the CLIENT to the CONSULTANT to proceed. The term of this <br /> Agreement (Contract Time) begins on the date of such written notice and expires on <br /> July 31, 2027. The CONSULTANT shall perform all services and provide all work <br /> products required pursuant to the schedule identified in Exhibit A. If the work is <br /> delayed for causes beyond the control of the CONSULTANT, the schedule will be <br /> modified to reflect such delays. <br /> 4. Payment. The CONSULTANT shall be paid by the CLIENT for completed work and for <br /> services rendered under this Agreement as follows: <br /> A. Payment for the work completed by the CONSULTANT shall be made as provided <br /> on Exhibit B attached hereto, provided that the total amount of payment to the <br /> CONSULTANT shall not exceed $391,741 without express written modification of <br /> the Agreement signed by both parties of the CLIENT. <br /> B. The CONSULTANT may submit invoices to the CLIENT once per month during the <br /> progress of the work for partial payment for that portion of the project completed <br /> to date. The invoices shall account for Riverfront and City tasks separately and <br /> CONSULTANT will invoice the Riverfront and the City separately, with the CLIENT <br /> and City each responsible for their own invoice; provided, however, that upon <br /> 1 <br />