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Pre -contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; and (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. 17. ACCEPTANCE OF CONTRACT The contents of the proposal of each of the successful Consultants shall become contractual obligations if a contract ensues. Failure of a Consultant to accept this obligation will result in the cancellation of any award. Any damage accruing to the City as a result of a failure to contract may be recovered from the Consultant. A sample agreement is attached for reference (Attachment D). 18. DISCLOSURE Any information, other than cost and price, which a Consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked: Confidential — this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction will not limit the City the right to use information contained herein if it is obtained from another source. 19. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. 20. METHOD OF PAYMENT The Consultants will be paid in accordance with the Cost Reimbursement Method, described in Section 6.9.3, Compensation Methods, of the California Office of Traffic Safety Grant Program Manual, Volume 11 (see Attachment H). By this method, the Consultant is reimbursed for actual costs only, not to exceed an agreed upon amount. The Consultant shall submit a monthly invoice to the City for the service rendered in that month. The invoice shall include project title and limits, a detailed breakdown of the services, the tasks, the hours, and the unit costs or the hourly rates, and percentage completed. Monthly payments will be made for work completed during