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CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />CONSTRUCTION TESTING SERVICES, INC. <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />('City") and Construction Testing Services, Inc. ("Consultant") (together sometimes referred to as the <br />"Parties") as of NOVemlaerlq, 2012 (the 'Effective Date"). <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 Worts 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 />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on February 28, 2015, the date of completion specified in Exhibit A, and Consultant <br />shall complete the work described in Exhibit A on or before that date, unless the term of <br />the Agreement is otherwise terminated or extended, as provided for in Section 8. The time <br />provided to Consultant to complete the services required by this Agreement shall not affect <br />the City's right to terminate the Agreement, as referenced in Section 8. Consultants <br />schedule is dependent upon the City and General Contractors means, methods, and <br />schedule, which Consultant does not control. <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 competent <br />practitioner of the profession in which Consultant is engaged. <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 />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 Subsection 1.2 above and to satisfy Consultant's obligations hereunder. <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 testing work," the services constitute a public works within the <br />definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is <br />required to comply with the provisions of the California Labor Code applicable to public <br />works, to the extent set forth in Exhibit D. <br />1.6 City of San Leandro Living Wage Rates. This contract may be covered by the City of <br />San Leandro Living Wage Ordinance (LWO). Bidder's attention is directed to the San <br />Consulting Services Agreement between Project No. 08-593-52-239 <br />City of San Leandro and CTS, Inc. Page 1 of 14 <br />