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agreement followed by letter agreement for a specific project. <br />b. Schedule for Performance. Consultant shall perform the services identified in a <br />scope of work to be attached to a letter agreement, as detailed above, required to <br />commence a specific project. Said project(s) shall be completed as expeditiously <br />as is consistent with generally accepted standards of professional skill and care, and <br />the orderly progress of work. Details of the project timelines shall be provided in <br />a completion schedule as part of the scope of work to a letter agreement. <br />i. Consultant and City agree that the completion schedule represents the best <br />estimate of the schedule. Consultant shall comply with completion dates <br />noted unless a written waiver is granted by the City's project manager, or <br />by means of an amended letter agreement. In the event that Consultant fails <br />to complete a work product in accordance with the completion date noted <br />in its letter agreement, Consultant agrees to pay the City liquidated damages <br />in an amount to be determined as reasonable by the City, reflecting the <br />overall scope of the project, on a per day basis for each work product that <br />is delayed when such delay is caused by Consultant. Consultant and City <br />acknowledge that the actual value of delay is extremely difficult to <br />determine and any liquidated damages amount specified in the letter <br />agreement represents the best estimate of the daily cost of delay to City. <br />ii. Consultant shall not be responsible for performance delays caused by <br />others, or delays beyond Consultant's control. Consultant shall provide <br />written notice to City's project manager of such delays. If City agrees, the <br />project manager's written approval to the Consultant shall extend the times <br />for performance of the work by Consultant. <br />iii. The liquidated damages payable shall be in addition to amounts payable <br />under this Agreement, or any letter agreement, for goods sold, services <br />rendered and other claims and charges attributable to the period prior to the <br />effective date of the termination. <br />2. COMPENSATION <br />a. As Consultant is one of fourteen (14) selected vendors selected by the City, City <br />neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit A. <br />The total amount to be expended during the term of this Agreement, as approved <br />by Council amongst the fourteen (14) selected vendors, shall not exceed <br />$2,400,000. <br />b. Where applicable, City shall recognize and pay for any outstanding invoices for <br />work performed by any of the fourteen (14) selected vendors for building safety <br />Page 2 of 10 <br />#12067v2 <br />