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compensation for services and reimbursement for costs shall not exceed each individual
<br /> authorization unless 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 sixty
<br /> (60) days in which to submit final invoicing for payment. An extension may be granted by City
<br /> upon receiving a written request thirty (30) days in advance of said time limitation. The City
<br /> shall have no obligation or liability to pay any invoice for work performed which the Consultant
<br /> fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City,
<br /> 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 judgment
<br /> of all conditions affecting performance of the work, including without limitation site conditions,
<br /> existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions,
<br /> applicable federal, state, and local laws and regulations, and all other contingencies or design
<br /> 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, conditional
<br /> approval or disapproval by the City, it is understood that such review, approval, conditional
<br /> approval or disapproval is solely for the purposes of administering this Agreement and
<br /> determining whether the Consultant is entitled to payment for such work, and not be construed as
<br /> a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise,
<br /> for the work, and does not relieve the Consultant of responsibility for complying with the
<br /> standard of performance or laws, regulations, industry standards, or from liability for damages
<br /> caused by negligent acts, errors, omissions, noncompliance with high industry standards, or the
<br /> willful misconduct of Consultant.
<br /> Design Professionals Agreement-RHAA.doc Page 2 of 7
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