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ORIGINAL AGREEMENT FOR POST OFFICE SITE IMROVEMENTS DESIGN SERVICES Ron Benoit Associates THIS AGREEMENT is made and entered into as of the 2'- day of 2005, by and between the REDWOOD CITY REDEVELOPMENT AGENCY, a p and politic, duly organized and existing under the laws of the State of California Benoit Associates, a corporation ("Consultant") (collectively, the "Parties"). RECITALS Agency requires the professional services of a landscape architect that is experienced in urban design, stormwater runoff mitigation, and US Postal Service homeland security measures. Consultant has the necessary experience in providing these professional services, has submitted a proposal to Agency and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Scope of Work. Agency retains Consultant to perform, and Consultant agrees to render, those services (the "Services") that are defined in Exhibit "A," attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first above written and shall expire upon completion of performance of Services hereunder by Consultant. 3. Compensation. The total fee payable for the Services to be performed will be five thousand seven hundred fifty dollars ($5,750). Payment will be made pursuant to Exhibit "A." No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Agency reserves the right to withhold a ten percent (10%) retention until Agency has accepted the work and/or the Services specified in Exhibit "A." 4. Status of Consultant. Consultant will perform the Services as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of Agency. Consultant will be under the control of Agency only as to the results to be accomplished. 5. Indemnification. Consultant will defend, indemnify and hold harmless Agency, City of Redwood City ("City"), and their officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of Agency or City. The Parties expressly agree that any reasonable payment, attorney's fee, costs or expense Agency or City incurs or makes to or on behalf of an injured employee under the Agency/City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. 6. Insurance. Consultant will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars RDA Agreement under $1 OK City Attorney Approved Version 111803 1