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CONSULTANT AGREEMENT FOR <br />DESIGN & PERMITTING SERVICES <br />THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter <br />referred to as "the City ", and OTAK, hereinafter referred to as "the Consultant ", in consideration of <br />the mutual benefits, terms, and conditions hereinafter specified. <br />1. Project Designation. The Consultant is retained by the City to perform design and <br />permitting services in connection with the project titled Riverton Creek Flapgate Removal <br />Project. <br />2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" <br />attached hereto, including the provision of all labor, materials, equipment and supplies. <br />3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and <br />effect for a period commencing upon execution and ending within 365 calendar days, unless <br />sooner terminated under the provisions hereinafter specified. Work under this Agreement <br />shall commence upon written notice by the City to the Consultant to proceed. <br />4. Payment. The Consultant shall be paid by the City for completed work and for services <br />rendered under this Agreement as follows: <br />A. Payment for the work provided by the Consultant shall be made as provided on Exhibit <br />"B" attached hereto, provided that the total amount of payment to the Consultant shall <br />not exceed $105,363.00 without express written modification of the Agreement signed <br />by the City. <br />B. The Consultant may submit vouchers to the City once per month during the progress of <br />the work for partial payment for that portion of the project completed to date. Such <br />vouchers will be checked by the City and, upon approval thereof, payment shall be <br />made to the Consultant in the amount approved. <br />C. Final payment of any balance due the Consultant of the total contract price earned will <br />be made promptly upon its ascertainment and verification by the City after the <br />completion of the work under this Agreement and its acceptance by the City. <br />D. Payment as provided in this section shall be full compensation for work performed, <br />services rendered, and for all materials, supplies, equipment and incidentals necessary <br />to complete the work. <br />E. The Consultant's records and accounts pertaining to this Agreement are to be kept <br />available for inspection by representatives of the City and the state of Washington for a <br />period of three (3) years after final payments. Copies shall be made available upon <br />request. <br />18 <br />