Agmt 2008 CH2M HILL Engineers Inc

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intellectual property of others and City rights in such intellectual property are subject to any agreement(s) Consultant may have with these other parties. 9.3 Cost Estimates/Schedules. Consultant can not control market conditions; labor and material costs; ur~lrnown or latent conditions of the site, equipment or structures; or bidding procedures and does not warrant that schedules, bids, or project costs will not vary from any cost or schedule estimates Consultant may generate. Consultant is not responsible for any work, delays or cost oven-uns by others not under its direct control. 9.4 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.5 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, andlor copying at any time during regular business hours, upon reasonable advance oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditar, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.6 Client's Obligations. City shall provide to Consultant all technical data in City's possession, including copies of all applicable project requirements, design criteria or constraints, design and construction details or standards, previous reports, surveys, process descriptions, material balance sheets, process & instrumentation diagrams, and other information required by Consultant for the services. Consultant may rely on the information provided by City in performing the services. City will make its facilities accessible to Consultant, provide safety equipment and information and perform such tests of pipes, equipment, machinery, and other components of City's existing facilities required for services at no cost to Consultant. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that Party maybe entitled. The court may set such fees in the same action or in a separate action brought for that purpose. Consulting Services Agreement between September 2008 City of San Leandro and CH2M HILL Page l lof 21