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a. Invoices submitted to City must contain a brief description of work <br />performed, percentage of work completed, percentage of Agreement time used, and percentage <br />of Agreement amount expended. Payment shall be made within thirty (30) days of receipt of <br />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 may be 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 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 shall 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 relieve the Consultant of responsibility for complying <br />with the standard of performance or laws, regulations, industry standards, or from liability for <br />damages caused by negligent acts, errors, omissions, noncompliance with high industry <br />standards, or the willful misconduct of Consultant. <br />7. Ownershia of Work. All reports, work data, plans, drawings, specifications, <br />designs, photographs, images, works of authorship and all other documents completed or <br />partially completed by Consultant in the performance of this Agreement ("materials") shall <br />12/06 Page 2 of 6 <br />