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CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> THIS AGREEMENT made and entered into on this 5 day of October, 2016, by and between the <br /> CITY OF EVERETT, a municipal corporation under the laws of the State of Washington, <br /> hereinafter referred to as the "City," and GeoEngineers, whose address is 8410 154th Avenue <br /> NE, Redmond,WA, 98052, hereinafter referred to as the"Service Provider." <br /> WHEREAS, the City desires to engage the Service Provider to provide environmental <br /> assessment services for the City of Everett; and <br /> WHEREAS, Service Provider represented, and by entering into this Agreement now represents, <br /> that it is fully qualified to perform the work to be performed hereunder in a competent and <br /> professional manner; <br /> NOW,THEREFORE, the parties herein do mutually agree as follows: <br /> 1. Engagement of Service Provider. The City hereby agrees to engage the Service <br /> Provider, and the Service Provider hereby agrees, to perform the work in a competent and <br /> professional manner and provide the services described in the attached "Exhibit A - Scope of <br /> Work". The Scope of Work so identified is hereafter referred to as "Work". Without a written <br /> directive of an authorized representative of the City, the Service Provider shall not perform any <br /> services that are in addition to, or beyond the scope of, the Work. If the Service Provider's <br /> proposal is attached as an exhibit, and if such proposal contains or incorporates any conditions or <br /> terms in addition to or different from the terms of this Agreement, then the Service Provider <br /> expressly agrees that such conditions or terms are neither incorporated nor included into this <br /> Agreement between the City and Service Provider. If, and to the extent, the Work includes the <br /> design of a public work or improvement, in whole or in part, Service Provider's design shall be <br /> consistent with the standard of care for professional consultants in Service Provider's discipline <br /> in the Puget Sound region. <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. Any reuse by the City of these reports, drawings, plans, specifications or intangible <br /> property for purposes other than in connection with the Work is at the sole risk of the City. <br /> Unless otherwise expressly agreed in writing, all intellectual property rights in such documents or <br /> intangible property created pursuant to this Agreement, or for the City of Everett, belong to the <br /> City of Everett. Service Provider retains any intellectual property rights in documents and <br /> intangible property created by Service Provider prior to engagement, or not created by Service <br /> Provider for its performance of this Agreement. <br /> Page 1 <br /> GeoEngineers Professional Services Agreement 2016 <br />