CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
Project No. 320-0104-43605 / Agreement No. __
THIS AGREEMENT ("Agreement"), dated and effective this 19th day of January, 2022 ("Effective Date"), is by and between the City of San Pablo, a municipal corporation organized and exi sting under the laws of the State of California, ("City"), and Macks Craic, Inc. dba mack5, whose address is 1900 Powell Street, Suite 470, Emeryville, CA 94608, ("Cons ultant") (individually, a "Party," and collectively, the "Parties").
RECITALS
WHEREAS, the City desires to engage a consultant to provide Construction Management services to the City ("Ser vices") as further set forth in this Agreement; WHEREAS, the City desires to engage a consultant who will act at all times in the City's best interest and will respect the trust and confidence placed in that consultant by the City; and WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.
NOW, THEREFORE, Consultant and the City agree as follows:
TERMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City's Request for Proposals and Qualifications, dated September 30, 2022 and any addenda thereto ("RFPQ"), attached as Exhibit A and incorporated herein, and the detailed scope of services set forth in Consultant's proposal dated November 10, 2021 ("Proposal"), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFPQ, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services ("Additional Ser vi ces") subject to prior written authorization by the City, as further specified below in Section (3), "Additional Services." B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee ("Ci ty Manager"). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City's discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City's acceptance of Services performed under this Agreement will not operate to waive or release Consultant's obligation under this paragraph.