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<br />_____________________________________________________________________________________ <br />Consulting Services Agreement between Project No.: 962-86-067 <br />City of San Leandro and Aparc Systems Page 1 <br /> <br /> <br /> <br />CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />APARC SYSTEMS, LTD. <br /> <br /> THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />(“City”) and Aparc Systems, Ltd. (“Consultant”) (together sometimes referred to as the “Parties”) as of <br />____________, 2012 (the “Effective Date”). <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 on June 30, 2015, and Consultant shall complete the work described in Exhibit A on or <br />before that date, unless the term of the Agreement is otherwise terminated or extended, as <br />provided for in Section 8. The time provided to Consultant to complete the services <br />required by this Agreement shall not affect the City’s right to terminate the Agreement, as <br />referenced 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 of care ordinarily observed by a <br />competent practitioner of the profession in which Consultant is engaged on similar projects <br />and in similar locations. <br /> <br />1.3 Assignment 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 Consultant’s obligations hereunder. <br /> <br />1.5 Public Works Requirements. Because the services described in Exhibit A include “work <br />performed during the design and preconstruction phases of construction including, but not <br />limited to, inspection and land surveying work,” the services constitute a public works <br />within the definition of Section 1720(a)(1) of the California Labor Code. As a result, <br />Consultant is required to comply with the provisions of the Labor Code applicable to public <br />works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold <br />harmless, and defend City concerning any liability arising out of Labor Code Section 1720 <br />et seq.