Agmt 2011 Construction Testing Services Inc

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• CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND CONSTRUCTION TESTING SERVICES, INC. THIS AGREEMENT for consulting services is made by and between the City of San Leandro ( "City ") and Construction Testing Services, Inc. ( "Consultant ") (together referred to as the "Parties ") as of J u Iy 5 , 2011 (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 , and incorporated herein, 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 February 28, 2015, the date of completion specified in Exhibit A, 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. Consultants schedule is dependent upon the City and General Contractors means, methods and schedule, which Consultant does not control. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement 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 Section 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 testing work," the services constitute a public works within the definition of Section 1720(a)(1) of the Califomia Labor Code. As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works, to the extent set forth in Exhibit C. Consultant shall waive, indemnify, hold harmless, and defend City conceming any liability arising out of Labor Code Section 1720 et seq. Consulting Services Agreement between WPCP Rehabilitation Project City of San Leandro and CTS, Inc. Page 1 of 14 989837 -1