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ATTACHMENT 1 ^ Exhibits A & B ^ Certificate(s) of Insurance ^ Professional Liability Insurance DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 200_, between the CITY OF PLEASANTON, a municipal corporation ("City"), and _Kimley-Horn & Associates whose address is 2000 Crow Canyon Place San Ramon, Ca 94583, and telephone number is (925) 543-0840, ("Consultant"). RECITALS A. Consultant is qualified and experienced in providing Engineering 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, electronic files of previous design and hard copies of record drawings 3. Staff. Consultant shall assign to serve as who may not be replaced without written consent of City. 4. Term. Time is of the essence. Consultant shall begin work following notice of award. The work as described in Exhibit "A", Scope of Work, shall be completed by January 2008. 5. Compensation. For the services to be rendered, City shall pay Consultant $111,684.00, 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 $111,684.00 unless the parties agree pursuant to section 8. 3/07 Page 1 of 7