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5. Compensation. For the services to be rendered, City shall pay Consultant time and <br /> material basis and Dourly rates with annual adjustment capped at the rate of change for the ENR <br /> Construction Index for the San Francisco and Bay area based on May to May of following year <br /> of a given fiscal year, as described more particularly in Exhibit A,which is attached and <br /> incorporated to the extent consistent with this Agreement. The annual adjustments shall be <br /> submitted prior to the end of the fiscal year for approval. Payment shall be made on a monthly <br /> basis upon receipt and approval of Consultant's invoice. Compensation for an individual Work <br /> Authorization shall not exceed$100,000. Total compensation under this Agreement for all Work <br /> Authorization Letters issued in the initial three years of this Agreement shall not exceed <br /> $500,000. Payment shall be made within forty five(45)days of receipt of consultant's invoice <br /> and approval by City. <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's contract reference number <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 accepted <br /> professional practices,principles and level of care and skill ordinarily exercised under similar <br /> conditions by members of Consultant's profession currently practicing in California(herein the <br /> "Standard of Care").By delivery of completed work,Consultant represents that the work <br /> conforms to the requirements of this Agreement and that Consultant has exercised the Standard <br /> of Care in an effort to comply with all applicable federal, state and local laws. Notwithstanding <br /> any clause in this Agreement to the contrary,Consultant expressly disclaims all express or <br /> implied warranties and guarantees with respect to the quality of performance of professional <br /> services. <br /> b. Consultant is responsible for exercising the Standard of Care to make an independent <br /> evaluation and judgment of all conditions affecting performance of the work, including without <br /> limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic,geographic, <br /> climatic conditions,applicable federal, state,and local laws and regulations,and all other <br /> contingencies or design considerations. Data,calculations, opinions,reports, investigations, and <br /> other similar information provided by the City relating to site, local, or other conditions is not <br /> warranted or guaranteed, either expressly or implied,by the City. <br /> c. Consultant's responsibilities under this section shall not be delegated. Consultant shall <br /> be responsible to the City for acts, errors,or omissions of Consultant's subconsultants. <br /> Page 2 of 7 <br />