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<br />ORIGINAL <br /> <br />AGREEMENT FOR LANDSCAPE ARCHITECTURE SERVICES <br />Ron Benoit Associates <br /> <br />THIS AGREEMENT is made and entered into as of the;2.3rJday of ~, <br />2005, by and between the REDWOOD CITY REDEVELOPMENT AGENCY, a public body, corporate <br />and politic, duly organized and existing under the laws of the State of California ("Agency"), and Ron <br />Benoit Associates ("Consultant") (collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />Agency requires the professional services of a landscape architect that is experienced in urban <br />design. Consultant has the necessary experience in providing these professional services, has <br />submitted a proposal to Agency and has affirmed its 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. Agency 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 commence upon the date first above <br />written and shall expire upon completion of performance of Services hereunder. <br /> <br />3. Comoensation. The total fee payable for the Services to be performed will be Nine Thousand <br />Three Hundred dollars ($9,300.00). 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. Agency reserves the right to withhold a ten percent (10%) retention until Agency has <br />accepted 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 Agency. Consultant will be <br />under the control of Agency only as to the results to be accomplished. <br /> <br />5. Indemnification. Consultant will defend, indemnify and hold harmless Agency, City of <br />Redwood City ("City"), and their officers, agents, employees and volunteers from and against all claims, <br />damages, losses and expenses including attorney fees arising out of the performance of the Services, <br />caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, <br />any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any <br />of them may be liable, except where caused by the active negligence, sole negligence, or willful <br />misconduct of Agency or City. <br /> <br />The Parties expressly agree that any reasonable payment, attorney's fee, costs or expense <br />Agency or City incurs or makes to or on behalf of an injured employee under the Agency/City's self- <br />administered workers' compensation is included as a loss, expense or cost for the purposes of this <br />section, and that this section will survive the expiration or early termination of the Agreement. <br /> <br />6. Insurance. Consultant will obtain and maintain policies of commercial general liability <br />insurance, automobile liability insurance, a combined policy of workers' compensation, employers <br />liability insurance, and professional liability insurance from an insurance company authorized to <br />transact the business of insurance in the State of California which has a current rating in the Best's Key <br />Rating guide of at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) <br />each, except for Workers Compensation and unless otherwise authorized and approved by the Risk <br />Manager or the Executive Director in consultation with the General Counsel. Workers Compensation <br /> <br />RDA Agreement under $1 OK 1 <br />R-Ron Benoit-112005-9300.-Post OffICe Site Development <br />