3B Public Hearing 2008 0915 - Laserfiche WebLink

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3.3 Time. Siemens shall devote such time to the Work as may be reasonably necessary to meet the standard of performance provided in Section 2.4 above and to satisfy Siemens' obligations hereunder. Section 4. COMPENSATION. City hereby agrees to pay Siemens an amount not to exceed FIVE MILLION, SIX HUNDRED FIFTY THOUSAND, THREE HUNDRED FIFTY-EIGHT AND NO/100 Dollars ($5,650,358), for all Work encompassing the base design, as set forth in Exhibit A. In the event of a conflict between this Agreement and Siemens' proposal regarding the amount of compensation, this Agreement shall prevail. City shall pay Siemens for Work rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in Exhibit B shall be the only payments from City to Siemens for Work rendered pursuant to this Agreement. Siemens shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Siemens shall not bill City for duplicate services performed by more than one person. Siemens and City acknowledge and agree that compensation paid by City to Siemens under this Agreement is based upon Siemens' estimated costs of providing the Work required hereunder, including salaries and benefits of employees and subcontractors of Siemens. 4.1 Invoices. Siemens shall submit invoices, at the milestones specified in Exhibit B-1 based on the cost for Work incurred prior to the invoice date. Invoices shall contain the following information: • Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.; • The beginning and ending dates of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and a brief description of the Work, if requested by the City's Internal Auditor or a resident of San Leandro. • The total number of hours of work performed to date under the Agreement by Siemens and its subcontractor(s); • A current schedule of Work, and where Work is behind schedule, a recovery plan to meet scheduled milestones on time; and • Siemens's signature. 4.2 Payment. City shall have thirty (30) days from the receipt of a properly submitted and undisputed invoice that complies with all of the requirements above to pay WPCP Cogeneration 09080$ -Page 7 of 60