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<br />Consulting Services Agreement between Project No. 08-593-52-239 <br />City of San Leandro and Carollo Engineers, Inc. Page 2 <br /> <br />1.7 City-Provided Data. The City will provide pertinent information reasonably available to it, <br />which is necessary for performance by Consultant under this Agreement, including <br />previous reports and data relative to the services. Consultant will use its professional <br />judgment in the review and use of data so provided. After reviewing the documents in <br />accordance with the Standard of Care established herein, Consultant shall be entitled to <br />rely on the accuracy of any reports, information and/or data furnished by the City. If <br />Consultant discovers that reports and/or information furnished by the City is inaccurate, <br />inadequate, or incomplete, Consultant will promptly notify the City. However, Consultant <br />will not be liable for any error or omission in any data, information, and/or reports furnished <br />by the City and used by Consultant other than that resulting from Consultant’s negligence, <br />or in the event Consultant recognizes, or reasonably should have recognized if Consultant <br />performed in accordance with the Standard of Care, such error or omission and fails to <br />report it to the City. <br /> <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed <br />$378,583.00 [Three Hundred Seventy Eight Thousand Five Hundred Eighty Three Dollars and Zero Cents], <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 /> <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 /> <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 /> <br /> Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, <br />etc.; <br /> The beginning and ending dates of the billing period; <br /> A Task Summary containing the original contract amount, the amount of prior <br />billings, the total due this period, the balance available under the Agreement, and <br />the percentage of completion; <br /> At City’s option, for each work item in each task, a copy of the applicable time <br />entries or time sheets shall be submitted showing the name of the person doing