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b. Upon completion of work and acceptance by City,Consultant shall have sixty(60) <br />days in which to submit final invoicing for payment. An extension may be granted by City upon <br />receiving a written request thirty (30)days in advance of said time limitation. The City shall <br />have no obligation or liability to pay any invoice for work performed which the Consultant fails <br />or neglects to submit within sixty(60)days, or any extension thereof granted by the City, after <br />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 />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 />caused by negligent acts,errors,omissions,noncompliance with high industry standards, or the <br />willful misconduct of Consultant. <br />7. Ownership of Work.All reports,work data,plans,drawings, specifications,designs, <br />photographs, images,works of authorship and all other documents completed or partially <br />completed by Consultant in the performance of this Agreement("materials") shall become the <br />property of City. Consultant agrees that all copyrights which arise from creation of the work <br />pursuant to this Agreement shall be vested in the City, and Consultant waives and relinquishes <br />all claims to copyright or other intellectual property rights in favor of the City. All materials <br />shall be delivered to the City upon completion or termination of the work under this Agreement. <br />If any materials are lost, damaged or destroyed before final delivery to the City,the Consultant <br />shall replace them at its own expense. Any and all copyrightable subject matter in all materials <br />is hereby assigned to the City and the Consultant agrees to execute any additional documents that <br />may be necessary to evidence such assignment. Consultant shall keep materials confidential and <br />Page 2 of 7 <br />Docusign Envelope ID: 4766C15C-A048-4E7F-9D55-CCFC4045496CDocusign Envelope ID: 5DDEF3A6-28A0-4A08-8CF9-8B7857419654