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b. 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 CIP 17746. Payment shall be made
<br /> within thirty(30) days of receipt of Consultant's invoice subject to the language in this
<br /> paragraph.
<br /> c. Upon completion of work and acceptance by City, Consultant shall have
<br /> thirty days in which to submit final invoicing for payment. An extension may be granted by City
<br /> upon receiving a written request fifteen days in advance of said time limitation. The City shall
<br /> have no obligation or liability to pay any invoice for work performed which the Consultant fails
<br /> or neglects to submit within thirty days, or any extension thereof granted by the City, after the
<br /> work is accepted by the City.
<br /> 6. Consultant's Standard of Care. Services shall be performed by Consultant in
<br /> accordance with generally accepted high professional practices and principles and in a manner
<br /> consistent with a high level of care and skill ordinarily exercised under similar conditions by
<br /> members of Consultant's profession currently practicing in California. By delivery of completed
<br /> work, Consultant certifies that the work conforms to the requirements of this Agreement and all
<br /> applicable federal, state and local laws and a high professional standard of care in California.
<br /> Whenever the scope of work requires or permits review, approval, conditional approval or
<br /> disapproval by the City, it is understood that such review, approval, conditional approval or
<br /> disapproval is solely for the purposes of determining whether the Consultant is entitled to
<br /> payment for such work, and not be construed as a waiver of any breach or acceptance by the City
<br /> of any responsibility,professional or otherwise, for the work, and shall not does not relieve the
<br /> Consultant of responsibility for complying with the standard of performance or laws, regulations,
<br /> industry standards, or from liability for damages caused by negligent acts, errors, omissions,
<br /> noncompliance with high industry standards, or the willful misconduct of Consultant.
<br /> 7. Evaluating Site Conditions, Reports, Laws & Regulations. Consultant is
<br /> responsible for making an independent evaluation and judgment of all conditions affecting
<br /> performance of the work, including without limitation site conditions, existing facilities, seismic,
<br /> geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local
<br /> laws and regulations, and all other contingencies or design considerations. Data, calculations,
<br /> opinions, reports, investigations, and other similar information provided by City relating to site,
<br /> local, or other conditions is not warranted or guaranteed, either expressly or implied, by the City.
<br /> 8. Consultant Responsible for Cost Estimating. The Consultant shall prepare and
<br /> periodically update estimates of the construction cost at the completion of each phase of the
<br /> design work. The Consultant shall advise City of any adjustments to the previous estimate of the
<br /> construction cost due to changes in project requirements, general market conditions, or any other
<br /> reason. If at any time the Consultant's estimate of the cost of the work exceeds the City's
<br /> budget, the Consultant shall make appropriate recommendations to the City to adjust the
<br /> project's size, quality or other features.
<br /> 9. Consultant's Adherence to Project Budget. City shall establish a Project
<br /> Budget to be used for the design and construction of the project. It is the intent of the City that
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