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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 <br /> City of San Leandro and Carollo Engineers, Inc. Page 2 of 16 <br />