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Attachment 1 <br />CONSTRUCTION MANAGER AGREEMENT <br />FOR THE CITY OF PLEASANTON'S <br />FIREHOUSE ARTS CENTER <br />THIS AGREEMENT is entered into this 15th day of April, 2008, between the CITY OF <br />PLEASANTON, a municipal corporation ("City"), and O'Connor Construction Management, Inc. <br />whose address is 7011 Koll Center Parkway, Suite 210, Pleasanton, CA 94566 and telephone <br />number is 925-426-1587, (hereafter "Consultant", "Construction Manager" or "CM"). <br />RECITALS: <br />A. City is a municipal corporation duly organized and validly existing under the laws <br />of the State of Califomia with the power to carry on its business as it is now being <br />conducted under the statutes of the State of California and the Charter of the City. <br />B. Consultant is specially trained, experienced and competent to perform the special <br />services, which will be required by this Agreement. <br />C. Consultant possesses the skill, experience, ability, background, certification and <br />knowledge to provide the services described in this Agreement on the terms and <br />conditions described herein. <br />D. City and Consultant desire to enter into an agreement for professional construction <br />management services for the City of Pleasanton's Firehouse Arts Center upon the <br />terms and conditions herein. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: <br />1. Consultant's Services. Consultant shall diligently perform the services and furnish the <br />materials, reports, drawings, and related materials described in Exhibit "A", Scope of Work, <br />attached and incorporated to the extent consistent with this Agreement. Consultant agrees <br />to perform all services hereunder in a manner commensurate with the prevailing standards <br />of like professionals in the San Francisco Bay Area and agrees that all services shall be <br />performed by qualified and experienced personnel who are not employed by the City nor <br />have any contractual relationship with City. It is mutually understood that this agreement <br />is based upon services provided on an hourly basis with a Guaranteed Maximum Price <br />(GMP). <br />2. Staff. Consultant shall assign the persons listed in Consultant's proposal to the City dated <br />02 January 2008 and updated on March 11th, 2008 to perform the work required under this <br />Agreement. These people may not be replaced without the written consent of the City. <br />