Agmt 2009 Brown & Caldwell - Laserfiche WebLink

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1.7 City-Provided Data. The City will provide pertinent information reasonably available to it, which is necessary for performance by Consultant under this Agreement, including previous reports and data relative to the services. Consultant will use its professional judgment in the review and use of data so provided. After reviewing the documents in accordance with the Standard of Performance established herein, Consultant shall be entitled to rely on the accuracy of any reports, information and/or data furnished by the City. If Consultant discovers that reports and/or information furnished by the City is inaccurate, inadequate, or incomplete, Consultant will promptly notify the City. However, Consultant will not be liable for any error or omission in any data, information, and/or reports furnished by the City and used by Consultant other than that resulting from Consultant's negligence, or in the event Consultant recognizes, or reasonably should have recognized if Consultant performed in accordance with the Standard of Performance, such error or omission and fails to report it to the City. 1.8 Services During Construction. If the project involves construction of any kind, the Parties agree that the City and Consultant shall be indemnified to the fullest extent permitted by law for all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the construction contractor's performance of work including injury to any worker on the job site except for the sole negligence of the City or Consultant. Both the City and Consultant shall be named as additional primary insureds) by the construction contractor's general liability and builders all risk insurance policies without offset and all Construction Documents and insurance certificates shall include wording acceptable to the Parties herein with reference to such provisions. 1.9 Construction Contractor's Means, Methods, and Safety. Consultant shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by construction contractors or the safety precautions and programs incident to the work of construction contractors where construction contractors fail to carry out work in accordance with the Contract Documents. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Ten Thousand Two Hundred Seventeen dollars and zero cents ($110,217.00), notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions Consulting Services Agreement between 08-593-52-230 City of San Leandro and Brown and Caldwell Page 2