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<br />services and reimbursement for costs shall not exceed
<br />unless the parties agree pursuant to section 8.
<br />
<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 reference number . Payment shall be
<br />made within thirty (30) days of receipt of Consultant's invoice.
<br />
<br />b. Upon completion of work and acceptance by City, Consultant shall
<br />have sixty (60) days in which to submit final invoicing for payment. An extension may be
<br />granted by City upon receiving a written request thirty (30) days in advance of said time
<br />limitation. The City shall have no obligation or liability to pay any invoice for work
<br />performed which the Consultant fails or neglects to submit within sixty (60) days, or any
<br />extension thereof granted by the City, after the work is accepted by the City.
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<br />6. Sufficiency of Con suit ant's Work.
<br />
<br />a. Services shall be performed by Consultant in accordance with generally
<br />accepted high professional practices and principles and in a manner consistent with a high
<br />level of care and skill ordinarily exercised under similar conditions by members of
<br />Consultant's profession currently practicing in California. By delivery of completed work,
<br />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.
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<br />b. Consultant is responsible for making an independent evaluation and
<br />judgment of all conditions affecting performance of the work, including without limitation
<br />site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic
<br />conditions, applicable federal, state, and local laws and regulations, and all other
<br />contingencies or design considerations. Data, calculations, opinions, reports, investigations,
<br />and other similar information provided by the City relating to site, local, or other conditions is
<br />not warranted or guaranteed, either expressly or implied, by the City.
<br />
<br />c. Consultant's responsibilities under this section are shall not be
<br />delegated. Consultant shall be responsible to the City for acts, errors, or omissions of
<br />Consultant's subconsultants.
<br />
<br />d. Whenever the scope of work requires or permits review, approval,
<br />conditional approval or disapproval by the City, it is understood that such review, approval,
<br />conditional approval or disapproval is solely for the purposes of administering this Agreement
<br />and determining whether the Consultant is entitled to payment for such work, and not be
<br />construed as a waiver of any breach or acceptance by the City of any responsibility,
<br />professional or otherwise, for the work, and shall not does not relieve the Consultant of
<br />responsibility for complying with the standard of performance or laws, regulations, industry
<br />standards, or from liability for damages caused by negligent acts, errors, omissions,
<br />noncompliance with high industry standards, or the willful misconduct of Consultant.
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