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.. fJRIG1NAl AGREEMENT FORARCHITECTUR~L DESIGN AND ENGINEERINGSERVICES (CROSBY GROUP) GREEMENT is made and entered into as of the b day of , 2010, by and between the CITY OF REDWOOD CITY, a charter city and mUnicipal corporation ("City"), and CROSBY GROUP, a California corporation, ("Consultant") (collectively, the "Parties") EtECIT ALS City requires the professional services of a structural engineering and design services provider that is experienced in evaluating existing public facilities and preparing contract documents for improvement projects of those facilities. Consultant has the necessary experience in providing thes,e professional services to perform them for the repainting of the Jefferson Avenue Underpass, and has submitted a proposal to the 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, ithis Agreement will be effective for a period of one (1) year from the date first above written. 3. Compensation. The total fee payable for the Services to be performed will be Four thousand three hundred forty and 001'100 Dollars ($4,340.00). 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. City reserves the right to withhold a ten percent (100,10) retention until City has accepted the work and/or the Services specified in Exhibit "A." 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 LEE_012010 Agreement under $10K 1 City Attorney Approved Version 111803