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City of Tukwila <br />6200 Southcenter Boulevard, Tukwila WA 98188 <br />Contract Number: <br />PROFESSIONAL SERVICES AGREEMENT <br />(Includes consultants, architects, engineers, accountants, and other professional services) <br />THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter <br />referred to as "the City", and Restorical Research, LLC, hereinafter referred to as "the Consultant", <br />in consideration of the mutual benefits, terms, and conditions hereinafter specified. <br />1. Project Designation. The Consultant is retained by the City to perform Insurance <br />archaeology, forensic accounting and Claims management services in connection with <br />projects involving contamination, environmental investigation and remediation. <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 October 1, 2027, unless sooner <br />terminated under the provisions hereinafter specified. Work under this Agreement shall <br />commence upon written notice by the City to the Consultant to proceed. The Consultant shall <br />perform all services and provide all work product required pursuant to this Agreement no later <br />than October 1, 2027 unless an extension of such time is granted in writing by the City. The <br />parties may extend the duration of this Agreement consistent with the terms of Section 18 <br />below. <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 paid on a contingency fee basis, <br />as detailed on Exhibit "B" attached hereto, provided that the total amount of payment to <br />the Consultant shall not exceed $300,000.00 per project without express written <br />modification of the Agreement signed by the City. In addition, City agrees to pay for all <br />expenses related to title document production not to exceed $600 per site and $10 for <br />every preliminary investigation and determination if a viable insurance policy and/or <br />coverage exists. <br />B. The Consultant shall submit monthly invoices to the City after such services have been <br />performed and a "Recovery" (as defined in Exhibit B) has been received by the City, and <br />a final bill upon completion of all the services described in this Agreement. Such invoices <br />will be checked by the City and, upon approval thereof, payment shall be made to the <br />Consultant in the amount approved, within 30 days. <br />C. <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 to <br />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 />2 <br />