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<br />CONSULTING SERVICES AGREEMKNT BETWI{EN <br />THE CITY OF SAN LEANDRO AND <br />DOWLING ASSOCIATES, INC. <br /> <br />THIS ACREEMENT ((."II' consulting serviecs is made by and bctwccn the City of San <br />Lcandro ("City") ami Dowling Associates, Ine. ("Consultant") (together sometimes referred to <br />as the "Parties") as o[Es;bruarv 5,2007 (the "Effective Date") in San Leandro, Califomia. <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, <br />Consultant shall provide to City the services described in the Scope of Work attached as Exhibit <br />A at the time and place and in the maIUJer specified therein. In the event of a conilict in or <br />inconsistency between the terms ofthis Agreement and Exhibit A, the Agreement shall prevail. <br /> <br />1.1 Term of Services. The tcrm of this Agreement shall begin on the Effective Date <br />and shall end on June 30, 2007, and Consultant shall complete the work <br />described in L~~hjl)it A by that date, unless the term of the Agreement is otherwise <br />tenninated or extended, as provided fcn- in Section S. The time provided to <br />Consultant to complete the services required by this Af,'Yeement shall not afICct <br />the City's right to temlinate the Agreement, as provided [or in Section 8. <br /> <br />1.2 Standard of Performance. Consultant shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards observed <br />by a competent practitioner of the profession in which Consultant is engaged in <br />the geograpbical area in which Consultant practices its profession. ConsuHant <br />shall prepare all work products rel\uired by this Agreernent in a professional <br />manner and shall confonn to the standards of quality nonnally observed by a <br />person practicing in Consultant's profession. <br /> <br />1.3 Assil:Ulment of Personnel. Consultant shall assign only competent personnel to <br />perfonn services pursuant to this Agreement. In the event that City, in its sole <br />discretion, at any time during the term ofthis Agreement, desires the <br />reassif,'1unent of any sllch persons, Consultant shall, inunediately upon receiving <br />notice from City of such desire of City, reassign such person or persons. <br /> <br />1.4 Time. Consultant shall devote slIch time to the pcr1c)flnance of services pursuant <br />to this Agreement as may be reasonably necessary to meet the standard of <br />perfonmmce provided in Section 1.1 above and to satisfy Consultant's obligations <br />hereunder. <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to <br />exceed $65,000.00, JCll- all work set tllrth in Exhibit A and all reimbursahle expenses incUlTed in <br />perf01111ing the work. In the event of a connie! between this Agreelllent and ConsuHant's <br />proposal regarding the amount of compensation, the Ab'Yeement shall prevail. City shall pay <br />Consultant for services rendered pursuant to this Agreement at the time and in the manner set <br /> <br />Hespenan BouJevard/Lewel1 ing Intersection Traffic Assessment <br /> <br />November 13,2006 <br />Page I 0[21 <br />