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<br />ORIGINAL <br /> <br /> <br />AGREEMENT FOR AQUATIC PLANT MANAGEMENT AND <br />ENVIRONMENTAL ENGINEERING SERVICES <br />(Waterworks Industries, Inc.) <br /> <br />AGREEMENT is made and entered into as of the ~ day of <br />, 2009, by and between the CITY OF REDWOOD CITY, a charter <br />municipal corporation of the State of California ("City"), and Waterworks <br />s, Inc., a corporation ("Consultant") (collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />A. City requires the professional services of a qualified, licensed aquatic <br />plant management and environmental engineering firm that is experienced in all aspects <br />of lagoon maintenance, including the control of nuisance aquatic plant growth through <br />chemical application and mechanical harvesting. <br /> <br />B. Consultant has the necessary experience in providing licensed <br />professional services and advice related to the application of aquatic pesticides and <br />other means necessary to maintain the ambient water quality and the beneficial uses of <br />an enclosed lagoon system. <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 <br />willingness 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 <br />conditions. <br /> <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 /> <br />ATTY/AGR/2009.013 <br />031209 <br /> <br />1 <br />