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<br />ORIGINAL <br /> <br />AGREEMENT FOR PROFESSIONAL SERVICES <br />BOTTOMLEY DESIGN & PLANNING <br /> <br />THIS AGREEMENT is made and entered into as of the ..c'~ day of eJtZ:71l&9f?./ , <br />2007, by and between the REDWOOD CITY REDEVELOPMENT AGENCY, a public body, corporate and <br />politic, duly organized and existing under the laws of the State of California ("Agency"), and BOTTOMLEY <br />DESIGN & PLANNING, an urban design and planning consultant and a sole proprietorship, ("Consultant") <br />(collectively, the "Parties"). <br /> <br />RECITALS <br /> <br />A Agency requires the professional services of a consultant that is experienced in urban <br />design and planning.. <br /> <br />B. Consultant has the necessary experience in providing professional services and advice <br />related to planning public spaces in downtown, linkages and pedestrian. Configurations. <br /> <br />C. <br />fashion. <br /> <br />Selection of Consultant is expected to achieve the desired results in an expedited <br /> <br />D. Consultant has submitted a proposal to Agency and has affirmed its willingness and <br />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 attached Exhibit "A," which is incorporated by this reference <br />in accordance with this Agreement's terms and conditions. <br /> <br />2. Standard of Performance. While performing the Services, Consultant will exercise the <br />reasonable professional care and skill customarily exercised by reputable members of Consultant's <br />profession practicing in the Metropolitan Northern California Area, and will use reasonable diligence and <br />best judgment while exercising its professional skill and expertise. <br /> <br />3. Term. Unless earlier terminated, the term of this Agreement will commence upon the date first <br />above written and shall expire upon completion of performance of Services hereunder by Consultant in <br />Exhibit A <br /> <br />4. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. <br /> <br />5. Comoensation. The not-to-exceed amount payable for the Services to be performed during the <br />initial term of this Agreement will be twenty thousand dollars ($20,000.00). No other compensation for the <br />Services will be allowed except for items covered by subsequent amendments to this Agreement. <br />Agency reserves the right to withhold a ten percent (10%) retention until Agency has accepted the work <br />and/or Services specified in Exhibit "A" <br /> <br />Payment will occur only after receipt by Agency of invoices sufficiently detailed to include hours <br />performed, hourly rates, and related activities and costs for approval by Agency. Incremental payments, <br />if applicable, should be made as outlined in attached Exhibit "A" <br /> <br />6. Status of Consultant. Consultant will perform the Services in Consultant's own way as an <br />independent contractor and in pursuit of Consultant's independent calling, and not as an employee of <br />Agency. The persons used by Consultant to provide services under this Agreement will not be <br />considered employees of Agency for any purposes. <br /> <br />ATTY/AGR/2007.073 <br />092107 <br /> <br />1 <br />