Consulting Services Agreement (CSA) Upslope Repair 1 1.pdf

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Consulting Services Agreement between City of San Leandro and Last revised 2023 Cal Engineering and Geology for Lake Chabot Rd Upslope Storm Repair Page 1 of 15 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND CAL ENGINEERING AND GEOLOGY FOR LAKE CHABOT ROAD UPSLOPE STORM REPAIR THIS AGREEMENT for consulting services is made by and between the City of San Leandro (“City”) and Cal Engineering and Geology (“Consultant”) (together sometimes referred to as the “Parties”) as of ____________, 2023 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, City staff understands and appreciates the need for rail track maintenance and will work cooperatively with UPRR to facilitate the necessary improvements. Safety for all concerned is paramount. The proposed road closures will cause significant disruption to the community, good planning and advanced notification will lessen those impacts., and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, DocuSign Envelope ID: 34E270C9-AF0A-4808-80F9-847E979247FC March 22, 2023 | 1:26:51 PM PDT