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Non-Professional Services Agreement between November 14, 2024 <br />City of San Leandro and Testing Engineers for <br />Annual Paving 2021-2023 Rehabilitation Phase Page 1 of 17 <br />NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />TESTING ENGINEERS <br />FOR <br />ANNUAL PAVING 2021-2023 REHABILITATION PHASE <br />PROJECT NO.: 2022.0050 <br />THIS AGREEMENT for consulting services is made by and between the City of San Leandro <br />(“City”) and Testing Engineers (“Contractor”) (together sometimes referred to as the “Parties”) as of <br />_____________________, 2024 (the “Effective Date”). <br />Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor <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 />1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall <br />end on December 31, 2025, the date of completion specified in Exhibit A, and Contractor <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 Contractor 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. <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 <br />practitioner of the profession in which Contractor is engaged. <br />1.3 Assignment of Personnel. Contractor 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 />Contractor shall, immediately upon receiving notice from City of such desire of City, <br />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 <br />provided in 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 <br />San Leandro Living Wage Ordinance (LWO). Contractor’s attention is directed to the San <br />Leandro Municipal Code, Title 1, Chapter 6, Article 6. Contractor must submit completed <br />self-certification form and comply with the LWO if covered. <br />1.6 Public Works Contractor Registration. Contractor agrees, in Code or with Section <br />1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be <br />Docusign Envelope ID: 6EA92BA3-5D5B-4AE6-BA0F-21AF0A620D86 <br />November 18, 2024 | 11:18:20 AM PST