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CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />CH2M HILL ENGINEERS, INC. <br />THIS AGREEMENT for consulting services is made by anal between the City of San <br />Leandro ("City") and CH2M HILL Engineers, Inc. ("Consultant") (together sometimes referred <br />to as the "Parties" and individually as "Party") as of September 15, 2008 (the `affective Date") <br />in San Leandro, Califonua. <br />Section L SERVICES. Subject to the terms and conditions set forth in this Agreement, <br />Consultant shall provide to City the services described in the Scope of Work attached as Exhibit <br />A at the time and place and in the manner specified therein. In the event of a conflict in or <br />inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. <br />L1 Term of Services. The term of this Agreement shall begin on the Effective Date <br />and shall end on March 31, 2009, and Consultant shall complete the work <br />described in Exhibit A by that date, unless the term of the Agreement is otherwise <br />terminated or extended, as provided for in Section 8. The time provided to <br />Consultant to complete the services required by this Agreement shall not affect <br />the City's right to terminate the Agreement, as provided for in Section 8. <br />1.2 Standard of Performance. Consultant shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards normally <br />observed by a competent practitioner of the profession in which Consultant is <br />engaged, in the geographical area in which Consultant practices its profession, <br />and performing snnilar services at the time these services are performed. <br />Consultant shall prepare all work products required by this Agreement in a <br />professional manner and shall conform to the standards of quality normally <br />observed by a person practicing in Consultant's profession. <br />I.3 Assignment of Personnel. Consultant shall assign only competent personnel to <br />perform services pursuant to this Agreement. In the event that City, in its <br />reasonable discretion, at any tune during the term of this Agreement, desires the <br />reassignment of ally such persons, Consultant shall, upon receiving notice from <br />City of such desire of City, reassign such person or persons. <br />1.4 Time. Consultant shall devote such time to the performance of services pursuant <br />to this Agreement as may be reasonably necessary to meet the standard of <br />performance provided in Section 1.1 above and to satisfy Consultant's obligations <br />hereunder. <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a fixed fee of $60,000, <br />for all work set forth in Exhibit A including all reimbursable expenses incurred in performing the <br />work. In the event of a conflict between this Agreement and Consultant's proposal regarding the <br />amount of compensation, the Agreement shall prevail. City shall pay Consultant for services <br />rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments <br />Consulting Services Agreement between September 2008 <br />City of San Leandro and CH2M HILL Page 1 of 21 <br />