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__._ w.-. <br /> ORIGIN�;� <br /> DESIGN PROFESSIONAL AGREEMENT <br /> (ELS Architecture and Urban Design) <br /> TH�IS�( GREEMENT is made and entered into as of the f � day of <br /> ��V , 2015, by and befinreen the CITY OF REDWOOD CITY, a charter <br /> city and municipal corporation of the State of California ("City"), the YMCA of Silicon <br /> Valley ("YMCA") and ELS Architecture and Urban Design ("Consultant"). <br /> RECITALS <br /> A. City and YMCA require the professional services of an architectural design <br /> firm. <br /> B. Consultant has the necessary experience in providing professional <br /> services and advice. <br /> C. Selection of Consultant is expected to achieve the desired results in an <br /> expedited fashion. <br /> D. Consultant has submitted a proposal to City and has affirmed its <br /> willingness and ability to perform such work. <br /> NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br /> contained herein, the Parties agree as follows: <br /> 1. Scope of Work. City and YMCA retain Consultant to perform, and Consultant <br /> agrees to render, those services (the "Services") that are defined in attached Exhibit <br /> "A," which is incorporated herein by reference. In the event of a conflict befinreen the <br /> provisions of Exhibit "A" and the terms of this Agreement, the terms of this Agreement <br /> shall prevail. City and YMCA shall have the right to modify the scope of work to delete <br /> tasks in whole or in part. <br /> 2. Standard of PerFormance. While performing the Services, Consultant will <br /> exercise the reasonable professional care and skill customarily exercised by reputable <br /> members of Consultant's profession practicing in the urban Northern California Area, <br /> and will use reasonable diligence and best judgment while exercising its professional <br /> skill and expertise. <br /> 3. Term. Unless earlier terminated, the term of this Agreement will commence upon <br /> the date first above written and shall expire upon completion of performance of Services <br /> hereunder by Consultant, which shall be completed no later than April 12, 2015. <br /> 4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br /> provided, that City and YMCA in their discretion may grant reasonable extensions of <br /> time for the perFormance of such services occasioned by unusually lengthy <br /> governmental reviews of Consultant's work product or other unavoidable delays <br /> ATTY/AG R/2015.042/E LS <br /> REV:03-06-15 MLG <br /> Page 1 of 12 <br />