|
Rev. 11/23 Page 2 of 6
<br />neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the
<br />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 accepted
<br />professional practices and principles and in a manner consistent with a high level of care and skill
<br />ordinarily exercised under similar conditions by members of Consultant’s profession currently
<br />practicing in California. By delivery of completed work, Consultant certifies that the work
<br />conforms to the requirements of this Agreement and all applicable federal, state and local laws
<br />and a high professional standard of care in California.
<br />
<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, applicable
<br />federal, state, and local laws and regulations, and all other contingencies or design considerations.
<br />Data, calculations, opinions, reports, investigations, and other similar information provided by the
<br />City relating to site, local, or other conditions is not warranted or guaranteed, either expressly or
<br />implied, by the City.
<br />
<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 />
<br />d. Whenever the scope of work requires or permits review, approval, conditional approval
<br />or disapproval by the City, it is understood that such review, approval, conditional approval or
<br />disapproval is solely for the purposes of administering this Agreement and determining whether
<br />the Consultant is entitled to payment for such work, and not be construed as a waiver of any
<br />breach or acceptance by the City of any responsibility, professional or otherwise, for the work,
<br />and does not relieve the Consultant of responsibility for complying with the standard of
<br />performance or laws, regulations, industry standards, or from liability for damages caused by
<br />negligent acts, errors, omissions, noncompliance with high industry standards, or the willful
<br />misconduct of Consultant.
<br />
<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 all
<br />claims to copyright or other intellectual property rights in favor of the City. All materials shall be
<br />delivered to the City upon completion or termination of the work under this Agreement. If any
<br />materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall
<br />replace them at its own expense. Any and all copyrightable subject matter in all materials is
<br />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 />the materials shall not be used for purposes other than performance of services under this
<br />Agreement and shall not be disclosed to anyone not connected with these services, unless the City
<br />provides prior written consent.
<br />
<br />Docusign Envelope ID: 3D826430-0881-4A15-9722-CCA5A23DA423Docusign Envelope ID: 2430EB25-F48A-45D4-91C5-9340C4FBB5C9
|