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services and reimbursement for costs shall not exceed a total cost of two hundred thirty nine
<br />thousand and forty-eight dollars ($239,048) unless the parties agree pursuant to section 8.
<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 CIP # Ol 1023 P.S. Payment shall be
<br />made within thirty (30) days of receipt of Consultant's invoice.
<br />b. Upon completion of work and acceptance by City, Consultant shall have
<br />sixty (60) days in which to submit final invoicing for payment. An extension maybe granted by
<br />City upon receiving a written request thirty (30) days in advance of said time limitation. The
<br />City shall have no obligation or liability to pay any invoice for work performed which the
<br />Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by
<br />the City, 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
<br />accepted high professional practices and principles and in a manner consistent with a high level
<br />of care and skill ordinarily exercised under similar conditions by members of Consultant's
<br />profession currently practicing in California. By delivery of completed work, Consultant
<br />certifies that the work conforms to the requirements of this Agreement and all applicable federal,
<br />state and local laws and a high professional standard of care in California.
<br />b. Consultant is responsible for making an independent evaluation and
<br />judgment of all conditions affecting performance of the work, including without limitation site
<br />conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic
<br />conditions, applicable federal, state, and local laws and regulations, and all other contingencies
<br />or design 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 are shall not be delegated.
<br />Consultant shall be responsible to the City for acts, errors, or omissions of Consultant's
<br />subconsultants.
<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, professional
<br />or otherwise, for the work, and shall not does not relieve the Consultant of responsibility for
<br />complying with the standard of performance or laws, regulations, industry standards, or from
<br />liability for damages caused by negligent acts, errors, omissions, noncompliance with high
<br />industry standards, or the willful misconduct of Consultant.
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