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DESIGN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this 19` day of May, 2009, between the C{FY OF PLEASANTON, a municipal corporation "City and DOWLING ASSOCIATES, INC., whose address is 180 GRAND AVENUE; SUITE 250, OAKLAND, CA 94612 and telephone number is (510) 839 -1742 "Consultant RECITALS A. Consultant is qualified and experienced in providing traffic analysis 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. ATTACHMENT 1 Exhibit A Certificate(s) of Insurance Professional Liability Insurance 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, plots, traffic model and training as part of the 2009 update to the City of Pleasanton traffic model as 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, the City shall be available answer questions and provide direction on any elements outlined in Exhibit A. 3. Staff. Consultant shall assign Kym Sterner to serve as projcct manager, who may not be replaced without written consent of City. 4. Term. The Consultant shall begin work May 20, 2009. The submittal of the documentation as described in Exhibit "A Scope of Work, shall be submitted no later than January 15, 2010 unless delayed due to conditions beyond Consultant's control (e.g., unavailability of data from City). 5. Compensation. For the services to be rendered, City shall pay Consultant a not to exceed amount of $111,040 as described more particularly in Exhibit A. Payment shall be made upon acceptance of the work by the City and approval of Consultant's invoice. Total Page 1 of 6