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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 16

Meeting Date: June 28, 2005

Subject/Title: Adopt a Resolution authorizing the City Manager to execute a Professional Services Agreement with Abey Arnold Associates for general landscape architectural services for 2005/06, in an amount not to exceed $40,000

Prepared by: Janet Hansen, Park Planner

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute a Professional Services Agreement with Abey Arnold Associates, for as-needed general landscape architectural services, for 2005/06, in an amount not to exceed $40,000.

PREVIOUS ACTION
October 26, 1999 and January 9, 2001, City Council authorized the City Manager to sign agreements for design and consultation contracts for parks, recreation and trails projects for as-needed landscape architectural services.

May 24, 2005, City Council adopted a Resolution authorizing the City Manager to amend the Professional Services Agreement with Abey Arnold Associates, for as-needed Landscape Architectural services, extending Section 4 - TERM to ‘June 30, 2005’ and Section 5 - PAYMENT to ‘not to exceed $75,000’.

BACKGROUND
Abey Arnold Associates has performed general landscape architectural services, on as-needed basis, for the Parks and Recreation Department since 2001. Staff has been very satisfied with the professional work performed on many miscellaneous projects by both Phil Abey and Peter Arnold.

A Professional Services Agreement was entered into on January 2, 2004 by and between the City of Brentwood and Abey Arnold Associates, for as-needed Landscape Architectural services. The term section of this agreement was amended to cover through June 30, 2005, and at the same time the payment section of the agreement was modified requiring City Council authorization. At the time this amendment was authorized, staff indicated that a new Professional Services Agreement would be presented to City Council for approval for fiscal year 2005/2006.

It is the recommendation of staff to authorize the execution of this agreement in an amount not to exceed $40,000.

FISCAL IMPACT
The funds for this Professional Services Agreement, in the amount not to exceed $40,000 have been budgeted in Park Planning, Contractual Services, in the approved 2005/2006 Operating Budget.

Attachments:
Resolution
Professional Services Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ABEY ARNOLD ASSOCIATES, FOR AS-NEEDED GENERAL LANDSCAPE ARCHITECTURAL SERVICES, FOR 2005/06 IN AN AMOUNT NOT TO EXCEED $40,000

WHEREAS, the City Council of the City of Brentwood authorized the City Manager to enter into agreement with Abey Arnold Associates, Landscape Architects to provide as-needed Landscape Architectural services; and

WHEREAS, the Parks and Recreation Department requires as needed landscape architectural services; and

WHEREAS, staff has been satisfied with the previous landscape architectural services provided by Abey Arnold Associates;

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby authorizes the City Manager to execute an agreement with Abey Arnold Associates, Landscape Architects, to provide as-needed landscape architectural services, for 2005/06 in an amount not to exceed $40,000.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of June 2005, by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:
__________________________________
Cynthia Garcia
Interim City Clerk

AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES

THIS AGREEMENT, made and entered into this 17th day of June, 2005 by and between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “City”, and Abey Arnold Associates, a California Corporation, hereinafter referred to as "Design Professional.”

RECITALS

A. City desires certain professional design and construction administration services in connection with the public work of improvement referred to as “as needed landscape architect services.

B. City desires to engage Design Professional to provide these services by reason of its qualifications and experience performing such services and Design Professional has offered to provide the required services on the terms and in the manner set forth herein.

C. Design Professional represents that it is fully licensed and qualified with all professional skills necessary to perform the services described in this Agreement and has special expertise in the design of public works.

NOW, THEREFORE, City and Design Professional agree as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services subject to this agreement and to be performed by Design Professional for the Project is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein.

SECTION 2 – DESIGN PROFESSIONAL'S REPRESENTATIONS AND RESPONSIBILITIES

A. Design Professional acknowledges that in entering into this agreement the City is relying upon Design Professional's special skills and experience to do and perform the services in accordance with best standards of professional practice in the [design and construction administration] of public projects of similar size, scope and complexity in the general location of the Project. Design Professional agrees to perform the services in accordance with these standards. The acceptance of Design Professional's services by City does not operate as a release of Design Professional from these obligations.

B. Upon completion of the Project in accordance with the construction documents, the Project will be suitable for its intended purpose, as documented in the plans and specifications and subsequent directives, if any, from CITY.

C. Design Professional accepts the relationship of trust and confidence established between it and City by this Agreement. Design Professional shall use its best efforts, skill, judgment, and abilities to assist and work with City to design the Project, to produce the necessary construction documents, and to further the interests of City in accordance with City's requirements and procedures, each in accordance with professional standards that apply to Design Professional.

D. Design Professional shall perform the Services in full compliance with applicable federal, state and local laws and regulations in effect at the time such services are rendered (collectively, "Applicable Laws").

E. Design Professional shall be responsible for employing or engaging all persons necessary to perform the Services. All of Design Professional's staff shall be qualified by training and experience to perform their assigned tasks. DESIGN PROFESSIONAL shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-Design Professionals, if any, and shall keep the services under its control. If any employee or sub-Design Professional of DESIGN PROFESSIONAL fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of City.

F. One or more members or employees of Design Professional's firm are licensed by the State of California to perform their services and these services will be performed by them or under their supervision.

G. Design Professional shall submit, for City's approval, a team or staffing proposal for the Project, complete with job descriptions, names and previous experience of all personnel. Design Professional has designated the Principal, Project Design Professional, and Job Captain for the Project as stated in Exhibit B - Key Personnel - which exhibit is incorporated herein by this reference. Design Professional shall not change or reassign Key Personnel without prior notice to CITY, and shall not replace any Key Personnel with individuals to whom CITY has a reasonable objection.

H. Design Professional's services are unique and personal. Design Professional shall not assign or transfer any of its interest or obligation under this Agreement without the City's written consent. Design Professional shall not subcontract its duties under this Agreement without the City's written consent. No sub-consultant will be recognized by CITY as such; rather, all sub-consultants are deemed to be the agents of Design Professional, and Design Professional agrees to be responsible for their performance. Design Professional is specifically authorized to subcontract with sub-consulting firms to assist in providing the Services.

I. 1. Design Professional acknowledges that the City has established or will establish a Construction Budget for the Project. The Construction Budget includes the total cost to the City of all work designed or specified by Design Professional, including alternates, fees and permits, construction testing included in the general conditions, an escalation allowance, a design contingency, and a construction contingency. The Construction Budget does not include payments to Design Professional or its consultants, land acquisition costs, financing costs, special district fees, or the City's administrative costs. The Estimated Construction Cost is equal to the Construction Budget, less the escalation allowance, permit fees, and the design and construction contingencies.

2. The size of the Project and the type and quality of construction are dependent upon the Construction Budget. Design Professional will exercise its best judgment in determining the balance between the size and features of the Project, the type of construction, and the quality of construction to achieve a solution for the City within the Construction Budget.

3. Design Professional shall review the Estimated Construction Cost at each phase of its services. If the Estimated Construction Cost is more than 75% of the Construction Budget, Design Professional shall prepare a report identifying and explaining any variances and, as part of its Basic Services, and propose possible changes to the Project, if applicable which may help reduce the construction cost. If the City elects to implement the proposed revisions and the proposed revisions require changes to completed Documents, Design Professional shall do so as an Additional Service upon written direction from the City.

SECTION 3 - INDEPENDENT CONTRACTOR

The services to be provided to the CITY as set forth in this Agreement shall be provided by Design Professional as an independent contractor as defined in Labor Code 3353, under the control of the CITY as to the result of the work but not the means by which the result is accomplished, and nothing herein contained shall be construed to make Design Professional an agent or employee of the CITY while providing these services. DESIGN PROFESSIONAL shall be entitled to no other benefits or compensation except as provided in this Agreement.

SECTION 4 - DUTIES OF DESIGN PROFESSIONAL

A. Design Professional's Services shall be furnished as described below and as more particularly described in Exhibit “A”, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the CITY Manager or her designee, or if verbally requested by CITY, confirmed in writing by Design Professional within five (5) working days.

B. Design Professional shall be responsible for the professional quality, technical accuracy and coordination of all Services. DESIGN PROFESSIONAL shall, without additional compensation, correct or revise any errors or deficiencies in its Services.

C. Design Professional shall furnish CITY with every reasonable opportunity for CITY to ascertain that the Services are being performed in accordance with the requirement and intentions of this Agreement.

SECTION 5 - TERM, PROGRESS AND COMPLETION

A. The term of this Agreement shall begin on the date the City Council approves this Agreement and shall expire upon completion of the Services or when terminated as provided in Section 8.

B. Design Professional shall promptly commence performance of the Services upon execution of this Agreement, and shall diligently pursue performance of the Services until completion.

C. Design Professional shall perform the Services in accordance with the schedule attached hereto as Exhibit C (the "Schedule"), which Exhibit is incorporated herein by this reference, and any updates to the Schedule. Design Professional shall work such overtime or engage such personnel and equipment as necessary to maintain the portion of the Schedule, for which Design Professional is responsible, without additional compensation. The City acknowledges that achieving the Schedule depends in part upon reviews and approvals by the City, and other public agencies having jurisdiction over the Project and agrees that Design Professional will not be responsible for delays caused by such reviews and beyond Design Professional’s reasonable control.

D. Time is of the essence in the performance of this Agreement.

SECTION 6 - PAYMENT

A. Basic Services.

1. City shall pay Design Professional for full and faithful performance of Basic Services a fee in the amount not to exceed Forty Thousand Dollars ($40,000).

2. Progress payments for Basic Services for each phase of the work shall not exceed the following percentages of the fee:

a. Schematic Design Phase - fifteen percent (15%).
b. Design Development Phase - twenty percent (20%).
b. Contract Documents Phase - forty percent (40%).
d. Bidding or Negotiations Phase - five percent (5%).
e. Contract Administration Phase - fifteen percent (15%).
f. Post Contract Phase - five percent (5%).

3. Payments for various items of services may be modified with approval of City so long as there is no change in the maximum contract amount.

4. This fee for Basic Services shall include the fees for subconsultants.

B. Additional Services.

1. City shall pay Design Professional for authorized Additional Services on an hourly basis, in accordance with the schedule of fees attached hereto as Exhibit A. City shall pay only for Additional Services authorized by the City Manager or her designee in writing or requested verbally by City and confirmed in writing by Design Professional within five (5) working days.

2. Design Professional and City shall agree upon an estimated not-to-exceed cost for any proposed Additional Services or, in the case of a verbal request, Design Professional shall provide City with a written estimated not-to-exceed cost for such Additional Services at least one (1) working day prior to commencing the additional Services. In no event shall City pay for Additional Services made necessary by Design Professional's errors or oversights.

C. Reimbursable Expenses.

In addition to compensation for Basic Services and Additional Services, City shall reimburse Design Professional for Reimbursable Expenses Design Professional incurs in the course of performing Services under this Agreement. Reimbursable Expenses include only the following items:
1. Reproduction and handling of construction Documents prepared in connection with the Project;

2. Fees paid for securing government approvals for the Project; and

3. Other expenses as City may approve in writing in advance.

D. Design Professional shall submit written applications for progress payments in a form satisfactory to City on or before the first day of each month on account of Basic Services, Additional Services and Reimbursable Expenses provided during the preceding month. The payment applications shall identify each person performing services, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in Exhibit A.

E. Within thirty (30) days after receipt of each application for progress payment, City shall verify the accuracy of the progress payment application, correct the charges where appropriate, and make payment to Design Professional in an amount equal to the amount of such application, as verified or corrected by City. No payment made hereunder prior to completion and acceptance of the Project shall be construed as evidence of acceptance of any part of the Services. City reserves the right to withhold payment from Design Professional on account of Services not performed satisfactorily, delays in Design Professional's performance of Services, or other defaults hereunder. Design Professional shall not stop or delay performance of Services under this Agreement on account of payment disputes with City.

F. If CITY disagrees with any portion of a billing, the CITY shall promptly notify Design Professional of the disagreement, and the CITY and the Design Professional shall attempt to resolve the disagreement. CITY’S payment of any amounts shall not constitute a waiver of any disagreement and CITY shall promptly pay all amounts not in dispute.

G. Design Professional shall maintain complete and accurate records of the number of hours worked by persons and Reimbursable Expenses on the Project during each phase under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. CITY shall have the right to examine and copy such books and records at all times. Design Professional shall permit the CITY to examine and audit those books and records, shall permit the CITY to make copies of those books and records, and shall permit the CITY to inspect all work data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement.

SECTION 7 - CONFLICT OF INTEREST

Design Professional understands that its professional responsibility is solely to CITY. Design Professional warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Design Professional shall not knowingly, and shall take reasonable steps to ensure that, it does not employ a person having such an interest in the performance of this Agreement. If after employment of a person, Design Professional discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Design Professional shall promptly disclose the relationship to the CITY and take such action as the CITY may direct to remedy the conflict.

SECTION 8 - TERMINATION

A. If Design Professional at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the portions of the Schedule for which it is responsible without excuse, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, or materials, or fails in any respect to properly and diligently prosecute its services, or otherwise fails to perform fully any and all of the agreements herein contained, Design Professional shall be in default.

B. If Design Professional fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Design Professional in connection with the Project and (1) provide any such work, labor, or materials as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Design Professional under this Agreement; or (2) terminate Design Professional's right to proceed with this Agreement.

C. In the event City elects to terminate, this Agreement based upon Design Professional’s default, City shall have the right to immediate possession of all Documents and work in progress prepared by Design Professional, whether located at the Project, at Design Professional's place of business, or at the offices of a subconsultant, and may employ any other person or persons to finish the design work and provide the materials therefor. In case of such default termination, Design Professional shall not be entitled to receive any further payment under this Agreement until the Project is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by City in obtaining architectural and engineering services for the Project, such excess shall be paid by City to Design Professional, but, if such expense shall exceed such unpaid balance, then Design Professional shall promptly pay to City the amount by which such expense exceeds such unpaid balance. The expense referred to in the last sentence shall include expenses incurred by City in causing the services called for under this Agreement to be provided by others, for attorneys' fees, and for any costs or damages sustained by City by reason of Design Professional's default or defective work.

D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Design Professional. In the event of termination without cause, Design Professional shall be entitled to payment in an amount not to exceed the contract price which shall be calculated as follows: (1) Payment for Services then satisfactorily completed and accepted by City, plus (2) Payment for Additional Services satisfactorily completed and accepted by City, plus (3) Reimbursable Expenses actually incurred by Design Professional, as approved by City. The amount of any payment made to Design Professional prior to the date of termination of this Agreement shall be deducted from the amounts described in (1), (2) and (3) above. Design Professional shall not be entitled to any claim or lien against City or the Project for any additional compensation or damages in the event of such termination and payment. In addition, the City's right to withhold funds under Section 6(E) shall be applicable in the event of a termination for convenience.

E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a termination for convenience under this Article and Design Professional shall be entitled to receive only the amounts payable hereunder in the event of a termination for convenience.

SECTION 9- OWNERSHIP OF DOCUMENTS

A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Design Professional under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of the City, whether the Project is completed or not. Design Professional shall deliver all Documents to City upon (1) the substantial completion date of the Project, (2) the date of termination of this Agreement for any reason, or (3) at any time requested by City, upon five (5) days written notice.

B. The Documents may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable in connection with completion and maintenance of, and additions to, the Project, without further employment of or payment of any compensation to Design Professional; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another design professional to use, such documents to complete the Project, CITY agrees to release Design Professional from any responsibility for the conformance of the incomplete portions of the Project to the Documents and to hold Design Professional harmless from any and all liability, costs, and expenses (including reasonable legal fees and disbursements), relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Design Professional, or anyone for whose acts it is responsible, in preparation of the Documents. Design Professional shall not be responsible for deficiencies solely attributable to modifications to the Documents performed by others, or that arise from use of the Documents on a site other than that shown in the Documents.

C. All reports, information, data, and exhibits prepared or assembled by Design Professional in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the DESIGN PROFESSIONAL shall not make any of these documents or information available to any individual or organization not employed by the Design Professional or the City without the written consent of the City before any such release.

SECTION 10 – INDEMNITY

A. Claims for Professional Liability – As respects Design Professional’s professional liability, Design Professional shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against liability, loss, damage, costs, or expenses, including reasonable attorneys' fees, awards, fines, or judgments (collectively, "Claims"), to the extent caused by the negligent acts, errors, or omissions in the performance of professional services by Design Professional, its subcontractors, agents or employees. Design Professional shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the negligence, whether sole, active or otherwise, or willful misconduct of City, its agents or employees, or others.

B. Claims for Other Liability – Design Professional shall, with respect to Design Professional’s operations arising in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against all Claims for death or bodily injury to persons, injury to property, arising from or related to the operations of Design Professional , its subcontractors, agents or employees. Design Professional shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the negligence, sole, active or otherwise, or willful misconduct of City, its agents or employees, or others.

C. Claims involving intellectual property - In addition to the obligations set forth in (A) and (B) above, Design Professional shall indemnify, defend, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers, harmless against any Claim caused by a violation of intellectual property rights, including but not limited to copyright or patent rights, by Design Professional's work under this Agreement.

SECTION 11 – INSURANCE

A. Design Professional shall, at all times it is performing services under this Agreement, provide and maintain insurance in the following types and with limits no less than the following amounts:

1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit;

2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

3. Professional Liability (errors and omissions) insurance in the minimum amount of $1,000,000.00 aggregate. Upon City’s written request, design Professional shall obtain such additional limits and coverage as the City may direct at the City’s expense.

4. Workers Compensation in at least the minimum statutory limits.

5. Employers Liability Insurance, with minimum limits of $1 million per occurrence.

B. General Provisions:

1. Design Professional's general and automobile liability insurance policies shall be endorsed to name the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and errors and omissions insurance.

2. Design Professional's general and automobile liability insurance policies shall be endorsed so that they are primary with respect to any insurance or self-insurance programs of CITY, its officers, employees, and volunteers.

3. Before performing any services under this Agreement, Design Professional shall provide evidence of the required coverage and limits, and properly executed policy endorsements satisfactory to City.

4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 12 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.
SECTION 13 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per hour per attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 14 - NON-DISCRIMINATION

Design Professional warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Design Professional nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 15 - MEDIATION

Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first requesting mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 16 - LITIGATION

Design Professional shall testify at City's request if litigation is brought against City in connection with Design Professional's services under this agreement. Unless the action is brought by Design Professional, or is based upon Design Professional's actual or alleged negligence or other wrongdoing, City shall compensate Design Professional for time spent in preparation for testimony, testimony, and travel at Design Professional's standard hourly rates at the time of actual testimony.

SECTION 17 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To City: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To Design Professional: Abey Arnold Associates
1005 A Street, Suite #305
San Rafael, CA 94901

SECTION 18 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between City and Design Professional and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument signed by both City and Design Professional.

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SECTION 19 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and DESIGN PROFESSIONAL have executed this agreement the day and year first above written.

CITY OF BRENTWOOD DESIGN PROFESSIONAL
________________________________ _____________________________
DONNA LANDEROS, City Manager Phil Abey
Title: President

ATTEST:
________________________________
Cynthia Garcia, Acting City Clerk

APPROVED AS TO FORM:
________________________________
Thomas R. Curry, Interim City Attorney

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov