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instructions, receive information, interpret, and define City's policies and decisions with <br />respect to performance of the Services. <br />3.2 The City shall furnish Consultant available studies, reports, and other data pertinent to <br />the Consultant's services; and obtain or authorize Consultant to obtain or provide <br />additional reports and data as required; furnish to Consultant services of others required <br />for the performance of Consultant's services hereunder, and Consultant shall be entitled <br />to use and reasonably rely upon all such information and services provided by City or <br />others in 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 "Scope of Services," which is <br />attached hereto and incorporated herein by reference. <br />42 The Services shall be completed within forty (40) working day(s) after the date of City's <br />issuance of a Notice to Proceed. <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 the 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 beyond <br />the reasonable control of the Consultant. In the event Consultant's services are suspended, <br />delayed, or interrupted for the convenience of City or delays occur beyond the reasonable <br />control of Consultant, an equitable adjustment in Consultant's time of performance and cost <br />of Consultant's personnel and subcontractors may be made. <br />ARTICLE 5 — PAYMENTS TO CONSULTANT <br />5.1 Total compensation for the Consultant's performance of the Services shall not exceed the <br />amount of sixty eight thousand nine hundred forty-three dollars ($68,943). City shall pay <br />Consultant on a time and materials basis up to the not to exceed amount in accordance with <br />Exhibit "B," titled "Fee Estimate," which is attached hereto and incorporated herein by <br />reference. <br />2 <br />I:\cmo\Agreements\Carollo Engineers, Inc. Professional Engineering Services Agreement-Zanja Channel FY23-0025.docx-msv2 <br />