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<br />Consultant's proposal regarding the amount of compensation, the Agreement shall prevail. City <br />shall pay Consultant for services rendered pursuant to this Agreement at the time and in the <br />manner set forth herein. The payments specified below shall be the only payments from City to <br />Consultant for services rendered pursuant to this Agreement. Consultant shall submit all <br />invoices to City in the manner specified herein. Except as specifically authorized by City, <br />Consultant shall not bill City for duplicate services performed by more than one person. <br /> <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under <br />this Agreement is based upon Consultant's estimated costs of providing the services required <br />hereunder, including salaries and benefits of employees and subcontractor of Consultant. <br />Consequently, the parties further agree that compensation hereunder is intended to include the <br />costs of contributions to any pensions and/or annuities to which Consultant and its employees, <br />agents, and subcontractor may be eligible. City therefore has no responsibility for such <br />contributions beyond compensation required under this Agreement. <br /> <br />2.1 Payment Schedule. <br /> <br />. 30% of the final cost is due and payable by City at time contract is signed <br />($25,050.00). This initial payment is non-refundable. <br /> <br />. 30% of the final cost is due and payable by City when casting begins ($25,050.00) at <br />the start of PHASE 3. <br /> <br />. 30% of the final cost following delivery and completed installation of the Monument <br />($25,050.000) at the completion of PHASE 4. <br /> <br />. The balance of 10% of the total final cost ($8,350.00) plus 90% of the cost of any <br />approved modifications following a 35 day retention period after acceptance of the <br />project to allow clearing of any payment to subcontractor. <br /> <br />2.2 Invoices. Consultant shall submit invoices based on the above payment schedule <br />and based on the cost for services performed and reimbursable costs incurred <br />prior to the invoice date. Invoices shall contain the following infoID1ation: <br /> <br />· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first <br />invoice, etc.; <br />· The beginning and ending dates of the billing period; <br />· A Task Summary containing the original contract amount, the amount of <br />prior billings, the total due this period, the balance available under the <br />Agreement, and the percentage of completion; <br />· At City's option, for each work item in each task, a copy of the applicable <br />time entries or time sheets shall be submitted showing the name of the <br />person doing the work, the hours spent by each person, a brief description <br />of the work, and each reimbursable expense; <br />· The total number of hours of work performed under the Agreement by <br />Consultant and each employee, agent, and contractor of Consultant <br /> <br />Consulting Services Agreement between <br />City of San Leandro and Monument Arts, Inc. <br /> <br />1/9/06 <br />Page 2 of 24 <br />