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19-030 Environmental Consulting Services, Noise Impact and Mitigation Study for Planned Omei PreschoolCITY OF g PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1.PARTIES This Agreement is made and entered into as of February 7, 2019 ---��-------------("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Environmental Consulting Services ("Contractor"), a corporation for noise impact and mitigation study for Planned Omei Preschool 2.SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30 , 201 9 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on March 18, 2019 and shall be completed by J_u_n_e _3_0�, 2_0_1_9 _____ _ 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 2950 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. Project 21685 Granada Ave Page I of 8 Professional/Consulting Contracts !Version: May 22, 20/ 8