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<br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />WINZLER AND KELLY CONSULTING ENGINEERS <br /> <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />("City") and Winzler and Kelly Consulting Engineers ("Consultanf') (together sometimes referred to as the <br />"Parties") as of Fe b. 2 2 ,2005 (the "Effective Date') in San Leandro, Califomia. <br /> <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant <br />shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and <br />place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms <br />of this Agreement and Exhibit A, the Agreement shall prevail. <br /> <br />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end upon completion and acceptance of joint trench construction, and Consultant shall <br />complete the work described in Exhibit A by that date, unless the term of the Agreement is <br />otherwise terminated or extended, as provided for in Section 8. The time provided to <br />Consultant to complete the services required by this Agreement shall not affect the City's <br />right to terminate the Agreement, as provided for in Section 8. <br /> <br />1.2 Standard of Performance. Consultant shall perform all services required pursuant to this <br />Agreement in the manner and according to the standards observed by a specialist of the <br />profession in which Consultant is engaged in the geographical area in which Consultant <br />practices its profession. Consultant shall prepare all work products required by this <br />Agreement in a professional manner and shall conform to the standards of quality normally <br />observed by a specialist practicing in Consultant's profession. <br /> <br />1.3 Assi~nment of Personnel. Consultant shall assign only competent personnel to perform <br />services pursuant to this Agreement. In the event that City, in its sole discretion, at any <br />time during the term of this Agreement, desires the reassignment of any such persons, <br />Consultant shall, immediately upon receiving notice from City of such desire of City, <br />reassign such person or persons. <br /> <br />1.4 Time. Consultant shall devote such time to the performance of services pursuant to this <br />Agreement as may be reasonably necessary to meet the standard of performance <br />provided in Section 1.1 above and to satisfy Consultanfs obligations hereunder. <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant an amount not to exceed SIXTY <br />NINE THOUSAND EIGHT HUNDRED TWENTY FIVE DOLLARS ($69,825), for all work set forth in Exhibit <br />8. and all reimbursable expenses incurred in performing the work. In the event of a conflict between this <br />Agreement and Consultant's proposal regarding the amount of compensation, the Agreement shall prevail. <br />City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner <br />set forth herein. The payments specified below shall be the only payments from City to Consultant for <br />services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Winzler and Kelly Consulting Engineers <br /> <br />January 3, 2005 <br />Page 1 of 19 <br />