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. " " . ' , "~iG'NA 'hi í j ! AGREEMENT FOR CONSULTANT ARCHITECTURAL DESIGN SERVICES (BOTTOM DUVIVIER) COMMUNITY ACTIVITIES BUILDING PROJECT (1400 ROOSEVELT AVENUE) ~ THIS AGREEMENT is made and entered into as of the~~y of y'Y/4AJ, , 200_, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation ("City" , and Bottom Duvivier, an Architectural ("Consultanf') (collectively, the "Parties"). RECITALS City requires the professional services of a consultant that is experienced in architectural design. Consultant has the necessary experience in providing these professionai services, has submitted a proposal to 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, this 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 Seven Thousand Two Hundred Nineteen and No/100 dollars ($7,219.00). 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 withhoid a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhib~ "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, to the extent caused 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 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 of this section, and that this section will survive the expiration or early termination of the Agreement. 6. Insurance. Consultant will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Agreement under $1 OK 1 City Attorney Approved Version 111803