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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 Care 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 Care, such error or omission and fails to report it to the City. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $378,583.00 [Three Hundred Seventy Eight Thousand Five Hundred Eighty Three Dollars and Zero Cents], 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 and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ■ The beginning and ending dates of the billing period; ■ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ■ At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing Consulting Services Agreement between Project No. 08-593-52-239 City of San Leandro and Carollo Engineers, Inc. Page 2