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Exhibit "A," which is attached and incorporated to the extent consistent with this Agreement. <br /> Payment shall be made on a monthly basis upon receipt and approval of Consultant's invoice. <br /> Total compensation for services and reimbursement for costs shall not exceed $191,504.00 <br /> unless the parties agree pursuant to section 8. <br /> a. Invoices submitted to City must contain a brief description of work <br /> performed, percentage of work completed, percentage of Agreement time used, percentage of <br /> Agreement amount expended and City reference number . Payment shall be <br /> made within thirty(30) days of receipt of Consultant's invoice. <br /> b. Upon completion of work and acceptance by City, Consultant shall have <br /> sixty(60) days in which to submit final invoicing for payment. An extension may be granted by <br /> City upon receiving a written request thirty(30) days in advance of said time limitation. The <br /> City shall have no obligation or liability to pay any invoice for work performed which the <br /> Consultant fails or neglects to submit within sixty(60) days, or any extension thereof granted by <br /> the City, after the work is accepted by the City. <br /> 6. Sufficiency of Consultant's Work. <br /> a. Services shall be performed by Consultant in accordance with generally <br /> accepted professional practices and principles and in a manner consistent with a high level of <br /> care and skill ordinarily exercised under similar conditions by members of Consultant's <br /> profession currently practicing in California. By delivery of completed work, Consultant <br /> certifies that the work conforms to the requirements of this Agreement and all applicable non- <br /> conflicting federal, state and local laws and a professional standard of care in California. <br /> b. Consultant shall use professional standard of care in making an <br /> independent evaluation and judgment of all conditions affecting performance of the work, <br /> including without limitation site conditions, existing facilities, seismic, geologic, soils, <br /> hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and <br /> regulations, and all other contingencies or design considerations. Data, calculations, opinions, <br /> reports, investigations, and other similar information provided by the City relating to site, local, <br /> or other conditions is not warranted or guaranteed, either expressly or implied,by the City. <br /> c. Consultant's responsibilities under this section shall not be delegated. <br /> Consultant shall be responsible to the City for acts, errors, or omissions of Consultant's <br /> subconsultants. <br /> d. Whenever the scope of work requires or permits review, approval, <br /> conditional approval or disapproval by the City, it is understood that such review, approval, <br /> conditional approval or disapproval is solely for the purposes of administering this Agreement <br /> and determining whether the Consultant is entitled to payment for such work, and not be <br /> construed as a waiver of any breach or acceptance by the City of any responsibility, professional <br /> or otherwise, for the work, and does not relieve the Consultant of responsibility for complying <br /> with the standard of performance or laws, regulations, industry standards, or from liability for <br /> Page 2 of 7 <br />