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Crrj' <br /> t <br /> Ccs <br /> PROFESSIONAL SERVICES AGREEMENT <br /> This Agreement("Agreement") is made and entered into this 20th day of November, <br /> 2012 by and between the City of Rancho Palos Verdes (hereinafter referred to as the <br /> "CITY") and Merit Civil Engineering, Inc. (hereafter referred to as "CONSULTANT"). <br /> IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto <br /> mutually agree as follows: <br /> ARTICLE 1 <br /> SCOPE OF SERVICES <br /> 1.1 Project Description <br /> The Project is described as the Residential Streets Improvement Project — <br /> Phase I, FY 11-12, Areas 3 and 5. <br /> 1.2 Description of Services <br /> CONSULTANT shall provide construction management and inspection <br /> services, as described in CONSULTANT's Proposal, which is attached hereto as Exhibit <br /> "A"and incorporated herein by this reference. Where this Agreement and Exhibit"A"shall <br /> conflict, this Agreement shall govern. <br /> 1.3 Schedule of Work <br /> Upon receipt of written Notice to Proceed from the CITY, CONSULTANT <br /> shall perform with due diligence the services requested by the CITY. Time is of the <br /> essence in this Agreement. CONSULTANT shall not be responsible for delay, nor shall <br /> CONSULTANT be responsible for damages or be in default or deemed to be in default by <br /> reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely <br /> information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty <br /> performance by CITY, other consultants/contractors, or governmental agencies, or any <br /> other delays beyond CONSULTANT's control or without CONSULTANT's fault. <br /> ARTICLE 2 <br /> COMPENSATION <br /> 2.1 Fee <br /> CITY agrees to compensate CONSULTANT at the rates indicated in Exhibit <br /> "A", and in any event an amount not to exceed one hundred ninety-one thousand, fifty-six <br /> dollars and no cents ($191,056.00) for the services described in Article 1. <br /> Page 1 of 11 <br />