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1.7 Construction Cost and Schedule Estimates. Consultant has no control over the cost of <br />labor, materials, equipment, services or schedules furnished by others, or over the <br />construction contractor's methods of determining prices, or other competitive bidding or <br />market conditions, practices, bidding strategies or scheduling methodologies. Cost <br />estimates and construction schedule estimates are based on Consultant's opinion based <br />on experience and judgment. Consultant cannot and does not guarantee that, bids or <br />actual Project construction costs and/or schedules will not vary from cost estimates and <br />construction schedule estimates prepared by Consultant. <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One <br />Hundred Thirty Thousand Seven Hundred Ninety Nine Dollars and Zero Cents ($130,799.00), <br />notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be <br />performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this <br />Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the <br />Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the <br />time and in the manner set forth herein. The payments specified below shall be the only payments from <br />City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to <br />City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall <br />not bill City for duplicate services performed by more than one person. <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under this <br />Agreement is based upon Consultant's estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br />2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the <br />term of this Agreement, based on the cost for services performed and reimbursable costs <br />incurred prior to the invoice date. Invoices shall contain the following information: <br />■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; <br />■ The beginning and ending dates of the billing period; <br />■ A Task Summary containing the original contract amount, the amount of prior billings, <br />the total due this period, the balance available under the Agreement, and the <br />percentage of completion; <br />■ At City's option, for each work item in each task, a copy of the applicable time entries <br />or time sheets shall be submitted showing the name of the person doing the work, the <br />hours spent by each person, a brief description of the work, and each reimbursable <br />expense; <br />Consulting Services Agreement between [EFFECTIVE DATE] <br />City of San Leandro and Page 2 of 16 <br />