|
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 professional practices and principles and in a manner consistent with a level of care and
<br /> skill ordinarily exercised under similar conditions by members of Consultant's profession
<br /> currently practicing in California. By delivery of completed work, Consultant certifies that the
<br /> work conforms to the requirements of this Agreement and all applicable federal, state and local
<br /> laws and a 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. Notwithstanding the foregoing, Consultant
<br /> shall be entitled to use and reasonably rely upon all such information provided by the City in
<br /> performing Consultant's services under this Agreement, in accordance with the standard of care
<br /> delineated in subsection a. above.
<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 industry standards, or the willful
<br /> misconduct of Consultant.
<br /> e. Consultant has no control over the cost of labor, materials, equipment or
<br /> services furnished by others, over the incoming water quality and/or quantity, or over the way
<br /> the City's plant and/or associated processes are operated and/or maintained. Data projections and
<br /> estimates are based on Consultant's opinion based on experience and judgment. Consultant
<br /> cannot and does not guarantee that actual costs and/or quantities realized will not vary from the
<br /> data projections and estimates prepared by Consultant and Consultant will not be liable to and/or
<br /> indemnify the City related to any inconsistencies between Consultant's data projections and
<br /> Page 2 of 7
<br />
|