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<br />Page 2 of 7 <br /> <br /> 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 4% annually, as described more <br />particularly in Exhibit A, which is attached and incorporated to the extent consistent with this <br />Agreement. The annual adjustments shall be based on an industry index (ENR Construction <br />Index for San Francisco and Bay Area) and submitted prior to the end of the fiscal year for <br />approval. Payment shall be made on a monthly basis upon receipt and approval of Consultant’s <br />invoice. Compensation for an individual Work Authorization shall not exceed $100,000. Total <br />compensation under this Agreement for all Work Authorization Letters issued in the initial three <br />years of this Agreement shall not exceed $1,000,000. Payment shall be made within thirty (30) <br />days of receipt of consultant’s invoice and approval by City. <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’s contract reference number _____________. <br /> <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 /> <br /> 6. Sufficiency of Consultant's Work. <br /> <br />a. Services shall be performed by Consultant in accordance with generally <br />accepted professional practices and principles and in a manner consistent with a 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 professional standard of care in California. <br /> <br />b. 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 /> <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 /> <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 />a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, <br />for the work, and does not relieve the Consultant of responsibility for complying with the <br />standard of performance or laws, regulations, industry standards, or from liability for damages <br />Docusign Envelope ID: 7076786B-4077-4AE2-89F3-0DA257129D51