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5. Compensation. For the services to be rendered, City shall pay Consultant time and <br /> material basis and hourly 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 /> $400,000. 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 high <br /> professional practices and principles and in a manner consistent with a high 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. <br /> b. Consultant is responsible for making an independent evaluation and judgment of all <br /> 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. Consultant shall <br /> be responsible to the City for acts, errors, or omissions of Consultant's 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 /> Page 2 of 7 <br />