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Non-Professional Services Agreement between City of San Leandro and <br />RTC Construction Management, Inc. for WPCP Pipe Removal & Relocation Project Page 1 of 20 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />RTC CONSTRUCTION MANAGEMENT, INC. <br />FOR <br />Water Pollution Control Plant Pipe Removal & Relocation Project <br />THIS AGREEMENT for pipe removal and relocation services for the Water Pollution Control Plant is made <br />by and between the City of San Leandro (“City”) and RTC Construction Management, Inc., (“Contractor”) (together <br />sometimes referred to as the “Parties”) as of December 20, 2017 (the “Effective Date”). <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall <br />provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the <br />manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and <br />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 end on <br />July 31, 2018, the date of completion specified in Exhibit A, and Contractor shall complete the work <br />described in Exhibit A on or before that date, unless the term of the Agreement is otherwise <br />terminated or extended, as provided for in Section 8. The time provided to Contractor to complete <br />the services required by this Agreement shall not affect the City’s right to terminate the Agreement, <br />as referenced in Section 8. <br />1.2 Standard of Performance. Contractor shall perform all services required pursuant to this <br />Agreement in the manner and according to the standards observed by a competent practitioner of <br />the profession in which Contractor is engaged. <br />1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform services <br />pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term <br />of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately <br />upon receiving notice from City of such desire of City, reassign such person or persons. <br />1.4 Time. Contractor 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 provided in <br />Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. <br />1.5 City of San Leandro Living Wage Rates.This contract may be covered by the City of San <br />Leandro Living Wage Ordinance (LWO). Bidder’s attention is directed to the San Leandro <br />Municipal Code, Title 1, Chapter 6, Article 6. Successful Bidder must submit completed self- <br />certification form and comply with the LWO if covered. <br />1.6 Public Works Contractor Registration. Contractor agrees, in accordance with Section 1771.1 of <br />the California Labor Code, that Consultant or any subconsultant shall not be qualified to bid on, be <br />listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or <br />engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of <br />Division 2 of the California Labor Code, unless currently registered and qualified to perform public <br />work pursuant to California Labor Code Section 1725.5. It is not a violation of this section for an <br />unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and <br />Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the <br />205