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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 the rate of change for the ENR <br />Construction Index for the San Francisco and Bay area based on May to May of following year <br />of a given fiscal year, as described more particularly in Exhibit A, which is attached and <br />incorporated to the extent consistent with this Agreement. The annual adjustments shall be <br />submitted prior to the end of the fiscal year for approval. Payment shall be made on a monthly <br />basis upon receipt and approval of Consultant's invoice. Compensation for an individual Work <br />Authorization shall not exceed$100,000. Total compensation under this Agreement for all Work <br />Authorization Letters issued in the initial three years of this Agreement shall not exceed <br />500,000. Payment shall be made within forty five (45) days of receipt of consultant's invoice <br />and approval by City. <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 />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 />6. Sufficiency of Consultant's Work. <br />a. Services shall be performed by Consultant in accordance with generally accepted high <br />professional practices and principles and in a manner consistent with a high 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 high professional standard of care in California. <br />b. Consultant is responsible for making an independent evaluation and judgment of all <br />conditions affecting performance of the work, including without limitation site conditions, <br />existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, <br />applicable federal, state, and local laws and regulations, and all other contingencies or design <br />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. Consultant shall <br />be responsible to the City for acts, errors, or omissions of Consultant's subconsultants. <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 />Page 2 of 7 <br />Docusign Envelope ID: 2D99A351-E158-8CDD-82A2-689CA4821DAD