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ORIGINAL AGREEMENT FOR CONSULTANT ENGINEERING SERVICES FOR FEASIBILITY STUDY OF MODIFYING THE 5TH AVENUE PUMP STATION (BKF Engineers) TþilS AGREEMENT is made and entered into as of the /4/;{ day of VP"A"E , 2006, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City"), and BKF ENGINEERS ("Consultant") (collectively, the "Parties"). RECITALS A. City requires the professional services of a consultant firm that is experienced in pump station design. B. Consultant has the necessary experience in providing professional engineering services related to the Feasibility Study of Modifying the 5th Avenue Pump Station. C. fashion. Selection of Consultant is expected to achieve the desired results in an expedited D. Consultant has submitted a proposal to City 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. City retains Consultant to perform, and Consultant agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. Standard of Performance. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Northern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. 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. 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit "A" hereof, attached hereto and by this reference incorporated herein; provided, that City will grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner Agreement over $10K City Attorney Approved Version 111803 1