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ATTACHMENT 2 <br /> ❑ Exhibit A <br /> ❑ Certificate(s)of Insurance <br /> O Professional Liability Insurance <br /> ❑ W-9 <br /> DESIGN PROFESSIONAL SERVICES AGREEMENT <br /> THIS DESIGN PROFESSIONAL SERVICES AGREEMENT ("Agreement")is entered <br /> into June 1, 2021,between the City of Pleasanton,a municipal corporation("City"), and Mark <br /> Thomas whose address is 360 22nd Street, Suite 501, Oakland, CA 94612, and telephone number <br /> is(510) 844-5600,("Consultant"). <br /> RECITALS <br /> A. Consultant is qualified and experienced in providing General Civil Engineering <br /> Services design services for the purposes specified in this Agreement. <br /> B. City finds it necessary and advisable to use the services of Consultant for the purposes <br /> provided in this Agreement. <br /> NOW,THEREFORE, in consideration of the mutual covenants and conditions in this <br /> Agreement, City and Consultant agree as follows: <br /> 1. Consultant's Services. • <br /> Consultant shall provide General Civil On Call services for the City of Pleasanton as requested <br /> by Engineering Department,pursuant to individual Work Authorizations. This Agreement does <br /> not obligate the City to utilize Consultant exclusively for these services, and the City reserves the <br /> right to select other consultants for these services based on City need. City guarantees no level <br /> of work to be directed. <br /> 2. City Assistance. In order to assist Consultant in this work, City shall provide, if <br /> necessary, title reports,any existing plans of the area on file,necessary direction and plan <br /> checking within a reasonable time. <br /> 3. Staff. Consultant shall assign Shawn O'Keefe to serve as Project Manager, who may <br /> not be replaced without written consent of City. <br /> 4. Term. The term of this agreement shall run from July 1,2021 to June 30, 2024. At the <br /> sole discretion of the City,the contract may be extended up to an additional two years for a <br /> maximum term through June 30,2026. <br /> 5. Compensation. For the services to be rendered, City shall pay Consultant time and <br /> material basis and hourly rates with annual adjustment capped at 4%annually,as described more <br /> particularly in Exhibit A,which is attached and incorporated to the extent consistent with this <br /> Agreement. The annual adjustments shall be based on an industry index (ENR Construction <br /> Index for San Francisco and Bay Area)and submitted prior to the end of the fiscal year for <br /> approval. Payment shall be made on a monthly basis upon receipt and approval of Consultant's <br /> invoice. Compensation for an individual Work Authorization shall not exceed$100,000. Total <br /> compensation under this Agreement for all Work Authorization Letters issued in the initial three <br /> Page 1 of 6 <br />