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3.5 The City shall perform those duties set forth in Sections 3.1 through 3.4 as <br />expeditiously as may reasonably be necessary for the orderly progress of the <br />Consultant's services and of the work. <br />3.6 The City's review of any documents prepared by the Consultant or its subconsultants <br />shall be solely for the purpose of determining whether such documents are generally <br />consistent with the City's construction program and intent. No review of such <br />documents shall relieve the Consultant of its responsibility for the accuracy, adequacy, <br />fitness, suitability and coordination of its work product. <br />SECTION 4 CONSTRUCTION COSTS <br />4.1 If the cost of construction exceeds the cost agreed upon by the City by more than 5% <br />of the lowest bona fide bid or negotiated proposal, the City may (1) give written <br />approval of an increase in such fixed limit, (2) authorize rebidding or renegotiating of <br />the Project, (3) terminate the Project and this Agreement in accordance herewith, or (4) <br />cooperate in revising the Project scope or quality, or both, as required to reduce the <br />construction cost. In the case of (4), the Consultant, without additional charge to the <br />City, shall consult with the City and shall revise and modify the drawings and <br />specifications as necessary to achieve compliance with the cost agreed upon by the <br />City. Absent negligence on the part of the Consultant in making its estimates of probable <br />construction cost, providing such modifications and revisions shall be the limit of the <br />Consultant's responsibility arising from the establishment of such construction costs, <br />and having done so, the Consultant shall be entitled to compensation for all other <br />services performed, in accordance with this Agreement. <br />SECTION 5 BASIS OF COMPENSATION <br />5.1 The City shall compensate the Consultant for an amount not to exceed $74,950.00 based <br />on services rendered pursuant to Sections 2.3 through 2.5 and EXHIBIT 4," Scope of <br />Services. Billings for each phase shall not exceed the amount allocated to each phase. <br />5.2 Payment to the Consultant of the sum set forth in Section 5.1 shall be allocated for work <br />completed for each of the following tasks: <br />Task 101 - Boundary and Topographic Survey ............................................ $9,600.00 <br />Task 102 - Existing Easement Research <br />(By Subconsultant - Paramount Title Services) — Optional Services ........... $1,350.00 <br />Task 201 - Geotechnical Testing and Reporting <br />(By Geotechnical Sub. - NV5)...................................................................... $2,400.00 <br />Task 301 - Site Plan Preparation and Processing .......................................... $8,500.00 <br />Task 401 - Preliminary Engineering/Design Development Plans ................ $7,000.00 <br />Task 402 - Engineering Construction Documents(CD)............................. $10,500.00 <br />514 <br />