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