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2. City Services. In order to assist Consultant in this work, City <br />shall provide, if necessary, all financial reports, past sewer user fee studies, etc. <br />within a reasonable time. <br />3. Staff. The Project Manager for Consultant shall be Mr. Thomas <br />E. Gould, Vice President/National Technical Director of Finance and Rates, who <br />may not be replaced without written consent of City. <br />4. Standard of Care. All reports, drawings, plans and <br />specifications prepared and the services performed by the Consultant for the City <br />under this Agreement shall be performed and prepared with the same care and <br />skill ordinarily used by members of the Consultant's professional under similar <br />circumstances at the same time and in the same locality. Consultant makes no <br />warranties, expressed or implied, in connection with its services. Consultant <br />shall be responsible for the technical accuracy of its services and documents <br />resulting there from and the City shall not be responsible for discovering <br />deficiencies therein. Consultant shall correct such deficiencies without additional <br />compensation except to the extent such action is directly attributable to <br />deficiencies in City-provided or furnished information. <br />5. Ownership of Work. All reports, drawings, plans and <br />specifications, maps, designs, work data, and all other documents completed or <br />partially completed by Consultant in the performance of this Agreement shall <br />become the property of City. City agrees that the documents and other related <br />data and information provided or furnished by the Consultant are not intended <br />for any other purpose than what is required by this Agreement and any reuse of <br />such data, information or documents for any other project or purpose shall be at <br />the City's sole risk and without liability or legal exposure to the Consultant. <br />6. Terms. Time is of the essence. Consultant shall begin work on <br />February 8, 2007. The work as described in Exhibit "A", Scope of Work, shall <br />be completed by July 1, 2007 dependent upon review time and alternative rate <br />reviews requested by the City. <br />7. Compensation. For the services to be rendered hereunder, City <br />shall pay Consultant on atime-and-materials basis, not to exceed $54,947, based <br />on rate schedule per attached Exhibit "B". Partial payment shall be made on a <br />monthly basis in proportion to the percentage of work completed, upon receipt of <br />Consultant's invoice and the approval of the City's Project Manager. <br />Page 2 <br />