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<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.
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<br /> 6. Sufficiency of Consultant's Work.
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<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 high professional standard of care in California.
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<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. Consultant shall be entitled to use and
<br />reasonably rely upon all information provided by the City in performing Consultant's services
<br />under this Agreement, in accordance with the standard of care delineated in subsection a. above.
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<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.
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<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.
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<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 treatment facility and/or associated processes are operated and/or maintained. Data
<br />projections and estimates are based on Consultant's opinion based on experience and judgment.
<br />Consultant cannot and does not guarantee that actual costs and/or quantities realized will not
<br />vary from the data projections and estimates prepared by Consultant and Consultant will not be
<br />liable to and/or indemnify the City related to any inconsistencies between Consultant's data
<br />projections and estimates and actual costs and/or quantities realized by the City in the future,
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