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5. Compensation. For the services to be rendered, City shall pay Consultant <br />on a time and materials basis, as described more particularly in Exhibit "B," which is <br />attached and incorporated to the extent consistent with this Agreement. Payment shall <br />be made on a monthly basis upon receipt and approval of Consultant's invoice. Total <br />compensation for services and reimbursement for costs shall not exceed $30,721.00 <br />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, <br />percentage of Agreement amount expended and City reference number <br />Payment shall be made within thirty (30) days of receipt of Consultant's invoice. <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 <br />be granted by City upon receiving a written request thirty (30) days in advance of said <br />time limitation. The City shall have no obligation or liability to pay any invoice for <br />work performed which the Consultant fails or neglects to submit within sixty (60) days, <br />or any extension thereof granted by 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 <br />generally accepted high professional practices and principles and in a manner <br />consistent with a high level of care and skill ordinarily exercised under similar <br />conditions by members of Consultant's profession currently practicing in California. By <br />delivery of completed work, Consultant certifies that the work conforms to the <br />requirements of this Agreement and all applicable federal, state and local laws and a <br />high professional standard of care in California. <br />b. Consultant is responsible for making an independent evaluation <br />and judgment of all conditions affecting performance of the work, including without <br />limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, <br />geographic, climatic conditions, applicable federal, state, and local laws and <br />regulations, and all other contingencies or design considerations. Data, calculations, <br />opinions, reports, investigations, and other similar information provided by the City <br />relating to site, local, or other conditions is not warranted or guaranteed, either <br />expressly or implied, by the City. <br />Page 2 of 8 <br />