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ATTACHMENT 1 <br />^ Exhibits A & B <br />^ Certificate(s) of Insurance <br />o Professional Liability Insurance <br />DESIGN PROFESSIONAL SERVICES AGREEMENT <br />FOR BERNAL COMMUNITY PARK, PHASE 2 <br />THIS AGREEMENT is entered into this 22nd day of October, 2008, between the CITY <br />OF PLEASANTON, a municipal corporation ("City"), and Harris Design, whose address is 6515 <br />Ascot Drive, Oakland, California 94611 and telephone number is (510) 336-9292, <br />("Consultant"). <br />RECITALS <br />A. Consultant is qualified and experienced in providing landscape azchitecture <br />professional services for the purposes specified 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, any existing plans of the area on file, necessary direction, and plan checking within a <br />reasonable time. <br />3. Staff. Consultant shall assign Mr. Robert Tanaka to serve as Project Manager, <br />who may not be replaced without written consent of City. <br />4. Term. Time is of the essence. Consultant shall begin work November 1, 2008. <br />The work as described in Exhibit "A", Scope of Work, shall be completed by December 31, <br />2009. <br />5. Compensation. For the services to be rendered, City shall pay Consultant <br />$765,000, as described more particularly in Exhibit "B", which is attached and incorporated to <br />the extent consistent with this Agreement. Payment shall be made on a monthly basis upon <br />receipt and approval of Consultant's invoice. Total compensation for services and <br />reimbursement for costs shall not exceed $765,000 unless the parties agree pursuant to Section 8. <br />Z/n7 n___ ~ _c-I <br />