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ATTACHMENT 1 DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this 21s`day of August 2012, between the CITY OF PLEASANTON, a municipal corporation ("City"), and Gates+ Associates whose address is 2671 Crow Canyon Road, San Ramon, CA 94583 and telephone number is (925) 736-8176 ("Consultant"). RECITALS A. Consultant is qualified and experienced in providing Landscape Architecture services for the purposes specified in this Agreement. B. City finds it necessary and advisable to use the services of Consultant for the purposes provided in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1. Consultant's Services. Consultant shall diligently perform the services and furnish the materials, reports, drawings, and related materials described in Exhibit "A", Scope of Work, attached and incorporated to the extent consistent with this Agreement. 2. City Assistance. In order to assist Consultant in this work, City shall provide service as described in Exhibit A, if necessary. 3. Staff. Consultant shall assign Chuck Gardella to serve as Project Manager, who may not be replaced without written consent of City. 4. Term. Time is of the essence. Consultant shall begin work upon Council approval of contract. The work as described in Exhibit "A", Scope of Work, shall be completed by March 2013. 5. Compensation. For the services to be rendered, City shall pay Consultant $49,208.00 as described more particularly in Exhibit "B," which is attached and incorporated to the extent consistent with this Agreement. Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. Total compensation for services and reimbursement for costs shall not exceed $49,208.00 unless the parties agree pursuant to section 8. 3/07 Page 1 of 7