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<br />ORIGINAL <br /> <br />AGREEMENT FOR <br />SANITARY SEWER SYSTEM PUMP STATIONS: <br />FL YGT SUBMERSIBLE PUMP MAINTENANCE AND REPAIR <br /> <br />(ITT Water & Wastewater U.S.A., Inc.) <br /> <br />THIS AGREEMENT is made and entered into as of the L day of <br />,2008, by and between the CITY OF REDWOOD CITY, a charter <br />cit nd municipal corporation of the State of California ("City"), and ITT Water & <br />Wastewater U.S.A., Inc. (formerly ITT Flygt Corporation), a California corporation <br />("Consultant") (collectively, the "Parties"). <br /> <br /> <br />RECITALS <br /> <br />A. City requires the professional services of a qualified firm that is experienced <br />in maintaining and repairing ITT Flygt submersible utility pumps. <br /> <br />B. Consultant has the necessary experience in providing professional services <br />and advice related to the maintenance and repair of ITT Flygt utility pumps used in the <br />City's sanitary sewer lift stations. <br /> <br />C. Selection of Consultant is expected to achieve the desired results in an <br />expedited fashion. <br /> <br />D. Consultant has submitted a proposal to City and has affirmed its willingness <br />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 Consultant to perform, and Consultant 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 conditions. <br /> <br />2. Standard of Performance. While performing the Services, Consultant will exercise <br />the reasonable professional care and skill customarily exercised by reputable members <br />of Consultant's profession practicing in the Metropolitan Northern California Area, and will <br />use reasonable diligence and best judgment while exercising its professional skill and <br />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 Consultant. <br /> <br />4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit "A" <br />hereof, attached hereto and by this reference incorporated herein; provided, that City will <br />grant reasonable extensions of time for the performance of such services occasioned by <br />unusually lengthy governmental reviews of Consultant's work product or other <br />ATTY/AGR/2008.112 <br />112108 <br />