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crt r.�l. - Y <br /> CITY OF EVERETT <br /> PROFESSIONAL SERVICES AGREEMENT <br /> General Engineering and Consulting (GEC) Management <br /> Riverfront Development— Civil Projects <br /> THIS AGREEMENT made and entered into on this day of ,2007,by and <br /> between the CITY OF EVERETT,a municipal corporation under the laws of the State of <br /> Washington, hereinafter referred to as the"City,"and PERTEET,INC.,whose address is 2707 <br /> Colby Avenue,Suite 900,Everett,WA 98201,hereinafter referred to as the"Contractor." <br /> WHEREAS,the City desires to engage the Contractor to provide general engineering and <br /> consulting management services for the Everett Riverfront Development-Groupl:Roadway and <br /> Bridge Design,and Site Grading/Preload Design project(s);and <br /> WHEREAS,Contractor represented, and by entering into this Agreement now Represents,that it <br /> has received and has familiarized itself with the requirements of the Property Disposition <br /> Agreement between the City of Everett and OliverMcMillan,LLC,dated February 21,2007,and <br /> the Consent Decree entered into between the City and Ecology dated April 2,2001,including the <br /> Consent Decree's Restrictive Covenant dated January 14,2002 and final Cleanup Action Plan; <br /> and <br /> WHEREAS,Contractor represented, and by entering into this Agreement now represents,that it <br /> is 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 Contractor. The city hereby agrees to engage the Contractor,and the <br /> Contractor hereby agrees,to perform the work in a competent and professional manner consistent <br /> with the standard of care used by other experienced and skilled professionals providing similar <br /> services. Contractor shall provide the services described in the attached"Exhibit B—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 Contractor shall not perform any services <br /> that are in addition to,or beyond the scope of,the Work. If the Contractor's proposal is attached <br /> as an exhibit,and if such proposal contains or incorporates any conditions or terms in addition to <br /> or different from the terms of this Agreement,then the Contractor expressly agrees that such <br /> conditions or terms are neither incorporated nor included into this Agreement between the City <br /> and Contractor. If,and to the extent the Work includes the design of a public work or <br /> improvement,in whole or in part,Contractor's design shall be reasonably accurate,adequate and <br /> suitable for its intended purpose. <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 re-use by the City of these reports,drawings, plans, specifications and other <br /> 1 <br /> J <br />