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<br />- <br /> <br />ORIGINAL <br /> <br />AGREEMENT FOR ASSESSMENT OF SANITARY SEWER MANAGEMENT PLAN <br />STATUS AND REGULATORY COMPLIANCE <br /> <br />OAKLEY WATER STRATEGIES, INC. <br /> <br />THIS AGREEMENT is made and entered into as of the Jl day of <br />by and between the CITY OF REDWOOD CITY, a charter city and municipal orati <br />OAKLEY WATER STRATEGIES, a California Corporation ("Consultant") (collecti ely, t <br /> <br /> <br />,200'f <br />n ("City"), and <br />arties"). <br /> <br />RECITALS <br /> <br />City requires the professional services of a qualified environmental engineering firm that is <br />experienced in assisting local agencies with developing Sanitary Sewer Management Plans (SSMP) in <br />compliance with the regulatory requirements of San Francisco Bay Regional Water Quality Control Board <br />and the State Water Resources Control Board Order No. 2006-0003-DWQ. Consultant has the necessary <br />experience in providing these professional services, 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 contained <br />herein, the Parties agree as follows: <br /> <br />1. Scooe of Work. City retains Consultant to perform, and Consultant agrees to render, those <br />services (the "Services") that are defined in Exhibit "A," attached and incorporated by this reference in <br />accordance with the terms and conditions set forth in this Agreement. <br /> <br />2. Term. Unless earlier terminated, this Agreement will be commence from the date first above <br />written and shall expire upon completion of performance of Services hereunder by Consultant. <br /> <br />3. Comoensation. The total fee payable for the Services to be performed will be not exceed Ten <br />Thousand and no/100 dollars ($10,000.00). Payment will be made pursuant to Exhibit "A." No other <br />compensation for the Services will be allowed except for items covered by subsequent amendments to <br />this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted <br />the work and/or the Services specified in Exhibit "A." <br /> <br />4. Status of Consultant. Consultant will perform the Services as an independent contractor and in <br />pursuit of Consultant's independent calling, and not as an employee of City. Consultant will be under the <br />control of City only as to the results to be accomplished. <br /> <br />5. Indemnification. Consultant will defend, indemnify and hold harmless City and its officers, agents, <br />employees and volunteers from and against all claims, damages, losses and expenses including attorney <br />fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or <br />any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed <br />by any of them or anyone for whose acts any of them may be liable, except where caused by the active <br />negligence, sole negligence, or willful misconduct of City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, costs or expense City <br />incurs or makes to or on behalf of an injured employee under the City's self-administered workers' <br />compensation is included as a loss, expense or cost for the purposes of this section, and that this section <br />will survive the expiration or early termination of the Agreement. <br /> <br />6. Insurance. Consultant will obtain and maintain policies of commercial general liability insurance, <br />automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, <br /> <br />City Attorney Approved Version #05.22.01 <br />