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^ Exhibits A & B <br />^ Certificate(s) of Insurance <br />^ Professional Liability Insurance <br />DESIGN PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT is entered into this day of Januazy 2009, between the CITY <br />OF PLEASANTON, a municipal corporation ("City"), and MacKay and Somps whose address <br />is 5142 Franklin Drive, Suite B, Pleasanton, CA 94588, and telephone number is 925-225-0690, <br />("Consultant"). <br />RECITALS <br />A. Consultant is qualified and experienced in providing Civil Engineering, Design <br />and Hydro-Modification services for the purposes specified in this Agreement. <br />B. City finds it necessazy 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: <br />A. Information available with regards to land rights for installation of improvements. <br />B. The City's standard boiler plate specifications and design guide. <br />C. Existing topographic data, and aerial photography as available. <br />D. A preliminary geometric layout. <br />E. Providing available information on existing utilities. <br />3. Staff: Consultant shall assign Christopher Guenther P.E. to serve as Project <br />Manager, who may not be replaced without written consent of City. <br />4. Term. Time is of the essence. Consultant shall begin and complete the work as <br />described in Exhibit "A", Scope of Work, which shall be completed by June 15`x', 2009. <br />5. Compensation. For the services to be rendered, City shall pay Consultant on a <br />"Time and Materials" basis for the work actually performed, as described more particularly in <br />Exhibit "A," which is attached and incorporated to the extent consistent with this Agreement. <br />Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. <br />Page 1 of 7 <br />