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^ Exhibits A & B <br />^ Certificate of Insurance <br />^ Professional Liability (if required) <br />PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT is entered into this 20th day of Apri12007, between the CITY OF <br />PLEASANTON, a municipal corporation ("City"), and Keller Mitchell & Co. whose address is <br />302 Fourth Street, Oakland, CA 94607, and telephone number is (510) 451-9987, <br />("Consultant" ). <br />RECITALS <br />A. Consultant is qualified and experienced in providing landscape design services <br />for the purposes specitied in this Agreement. <br />B. City finds it necessary and advisable to use the services of Consultant for the <br />purposes 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. Consultant shall diligently perform the services and <br />furnish the materials, reports, drawings, and related materials described in Exhibit "A", Scope of <br />Work, attached and incorporated to the extent consistent with this Agreement. <br />2. City Assistance. In order to assist Consultant in this work, City shall provide, if <br />necessary site maps and utilities information. <br />3. Staff. Consultant shall assign Pam Winther and Jacque Keller to serve as Project <br />Managers, who may not be replaced without written consent of City. <br />4. Term. Time is of the essence. Consultant shall begin work May 1, 2007. The <br />work as described in Exhibit "A", Scope of Work, shall be completed by November 30, 2007. <br />5. Compensation. for the services to be rendered, City shall pay Consultant as <br />described in Exhibit "A", Scope of Work, and if needed, as described more particularly in <br />Exhibit "B," Additional Services which are attached and incorporated to the extent consistent <br />with this Agreement. Payment shall be made on a monthly basis upon receipt and approval of <br />Consultant's invoice. Total compensation for services and reimbursement for costs shall not <br />exceed $25,500 unless the parties agree pursuant to section 8. <br />a. Invoices submitted to City must contain a brief description ot'work <br />performed, percentage of work completed, percentage of contract time used, percentage of <br />contract amount expended and City reference number .Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br />Keller Mitchell & Co. Page I of 5 <br />Gingerbread Preschool Play Yard Agreement <br />