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ORIGINAL <br /> AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES <br /> [THE COVELLO GROUP, INC.] <br /> IS AGREEMENT is made and entered into as of the day of <br /> , 2009, by and between the CITY OF REDWOOD CI , a charter <br /> c y and munic pal corporation of the State of California ("City"), and The Covello Group, <br /> Inc., a California corporation, ("Consultant") (collectively, the "Parties"). <br /> RECITALS <br /> A. City requires the professional services of an engineering firm that is <br /> experienced in construction management. <br /> B. Consultant has the necessary experience in providing professional <br /> services and advice related to the construction management of pipeline construction. <br /> C. Selection of Consultant is expected to achieve the desired results in an <br /> expedited fashion. <br /> D. Consultant has submitted a proposal to City and has affirmed its <br /> willingness and ability to perform such work. <br /> NOW, THEREFORE, in consideration of these recitals and the mutual covenants <br /> contained herein, the Parties agree as follows: <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" and "B" <br /> which is incorporated by this reference in accordance with this Agreement's terms and <br /> conditions. <br /> 2. Standard of Performance. While performing the Services, Consultant will <br /> exercise the reasonable professional care and skill customarily exercised by reputable <br /> members of Consultant's profession practicing in the Metropolitan Northern California <br /> Area, and will use reasonable diligence and best judgment while exercising its <br /> professional skill and expertise. <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 /> ATTY/AGR/2009.003 <br /> 012609 1 <br />