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., " ~ ':" ; '1'0 -, :I¢I:'- AGREEMENT FOR PROFESSIONALCONSUL TANT CONSTRUCTION MANAGEMENT SERVICES {Kitchell} æ:A TH~REEMENT is made and entered into as of the day of 0£llR ' 200~ by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation ("City"), and KITCHELL, a ("Consultant") (collectively, the "Parties"). RECITALS City requires the professional services of a consulting firm that is experienced in Schematic Design Estimating. Consultant has the necessary experience in providing these professional services, 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 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, this Agreement will be effective for a period of Ninety (90) Working Days from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be Eight Thousand Seven Hundred Seventy and No/100 dollars ($8,770.00). 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. 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 City. Consultant will be under the control of City only as to the results to be accomplished. 5. Indemnification. Consultant will defend, indemnify and hold harmless City and its 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 City. The Parties expressly agree that any reasonable payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the 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. Agreement under $10K 1 City Attorney Approved Version 111803 .-. .~.