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monthly basis upon receipt and approval of Consultant's invoice. Total compensation for
<br /> services and reimbursement for costs shall not exceed $1,082,215 unless the parties agree
<br /> 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 high professional practices and principles and in a manner consistent with a high level
<br /> of 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 federal,
<br /> state and local laws and a high professional standard of care in California.
<br /> b. Consultant is responsible for making an independent evaluation and
<br /> judgment of all conditions affecting performance of the work, including without limitation site
<br /> conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic
<br /> conditions, applicable federal, state, and local laws and regulations, and all other contingencies
<br /> or design considerations. Data, calculations, opinions, reports, investigations, and other similar
<br /> information provided by the City relating to site, local, or other conditions is not warranted or
<br /> 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 /> damages caused by negligent acts, errors, omissions, noncompliance with high industry
<br /> standards, or the willful misconduct of Consultant.
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