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and reasonably rely upon all such information and services provided by City or others in <br />performing Consultant's services under this Agreement. <br />3.3 Documents, including drawings and specifications, prepared by Consultant pursuant to <br />this Agreement are not intended or represented to be suitable for reuse by City or others <br />for this project or on any other project. Any reuse of completed documents or use of <br />partially completed documents without written verification or concurrence by Consultant <br />for the specific purpose intended will be at City's sole risk and without liability or legal <br />exposure to Consultant. <br />3 4 City shall arrange for access to and make all provisions for Consultant to enter upon <br />public and private property as required for Consultant to perform services hereunder. <br />ARTICLE 4 — PERFORMANCE OF SERVICES <br />4 1 Consultant shall perform and complete the Services in a prompt and diligent manner in <br />accordance with the schedule set forth in Exhibit A, titled `Consultant Proposal, <br />which is attached hereto and incorporated herein by reference. <br />4.2 The term of this Agreement shall be for a period of eighteen (18) months from the <br />Effective Date of this Agreement, unless terminated earlier as provided herein. <br />4.3 If Consultant's Services include deliverable electronic visual presentation materials, such <br />materials shall be delivered in a form, and made available to City consistent with City <br />Council -adopted policy for the same. It shall be the obligation of Consultant to obtain a <br />copy of such policy from City staff. <br />4 4 Consultant is not responsible for damage or delay in performance caused by events <br />beyond the reasonable control of Consultant. In the event Consultant's services are <br />suspended, delayed or interrupted for the convenience of City or delays occur beyond the <br />reasonable control of Consultant, an equitable adjustment in Consultant's time of <br />performance and cost of Consultant's personnel and subcontractors may be made. <br />ARTICLE 5 — PAYMENTS TO CONSULTANT <br />5 1 Total compensation for Consultant's performance of the Services shall not exceed the <br />amount of eight hundred thirty five thousand five hundred forty nine dollars ($835,549). <br />City shall pay Consultant on a time and materials basis up to the not to exceed amount in <br />accordance with Exhibit `B, titled 'Cost Proposal, which is attached hereto and <br />incorporated herein by reference. <br />5.2 Consultant shall submit monthly invoices to City describing the Services performed <br />during the preceding month. Consultant's invoices shall include a brief description of the <br />Services performed, the dates the Services were performed, the number of hours spent <br />and by whom, and a description of reimbursable expenses related to the Services. City <br />2 <br />L \ca\djm\Agreements\Carollo Engineers Agreement.PS-1 1.FY21-0090.doc pr <br />