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<br />, ORIGINAL <br /> <br />k.. "^" <br /> <br />AGREEMENT FOR MAJOR PARTS REPLACEMENT SERVICES FOR <br />SANITARY SEWER LIFT STATIONS: 16, 19 and 20 <br /> <br />POWER ENGINEERING CONTRACTORS <br /> <br />, JTHIS AGREEMENT is made and entered into as of the On! day of <br />'---A1'i!!./ú ,2006, by and between the CITY OF REDWOOD CITY, a charter <br />city and municipal corporation of the State of California ("City"), and Power Engineering <br />Contractors, of Alameda, California (hereinafter referred to as "Contractor") (collectively, <br />the "Parties"). <br /> <br />RECITALS <br /> <br />A. Selection of Contractor is expected to achieve the desired results in an <br />expedited fashion. <br /> <br />B. Contractor has submitted a proposal to City and has affirmed its <br />willingness and ability to perform such work. <br /> <br />NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br />contained herein, the Parties agree as follows: <br /> <br />1. Scope of Work. City retains Contractor to perform, and Contractor agrees to <br />render, those services (the "Services") that are defined in attached Exhibit "A," which is <br />incorporated by this reference in accordance with this Agreement's terms and <br />conditions. <br /> <br />2. Standard of Performance. While performing the Services, Contractor will <br />exercise the reasonable professional care and skill customarily exercised by reputable <br />members of Contractor's profession practicing in the Metropolitan Northern California <br />Area, and will use reasonable diligence and best judgment while exercising its <br />professional skill and expertise. <br /> <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 Contractor. <br /> <br />4. Schedule. Contractor will generally adhere to the schedule set forth in Exhibit "A" <br />hereof, attached hereto and by this reference incorporated herein; provided, that City <br />will grant reasonable extensions of time for the performance of such services <br />occasioned by unusually lengthy governmental reviews of Contractor's work product or <br />other unavoidable delays occasioned by circumstances; provided, further, that such <br />unavoidable delay will not include strikes, lockouts, work stoppages, or other labor <br />disturbances conducted by, or on behalf of, Contractor's officers or employees. <br /> <br />Contractor acknowledges the importance to City of City's project schedule and agrees <br />to put forth its best professional efforts to perform the Services under this Agreement in <br /> <br />Agreement over $10K <br />City Attorney Approved Version 111803 <br /> <br />1 <br />