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2 | Page <br />performed which the Consultant fails or neglects to submit within sixty (60) days, or <br />any extension thereof granted by the City, after the work is accepted by the City. <br />5.Sufficiency of Consultant’s Work. <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 level of care <br />and skill ordinarily exercised under similar conditions by members of Consultant's <br />profession currently practicing in California. By delivery of completed work, <br />Consultant certifies that the work conforms to the requirements of this Agreement and <br />all applicable federal, state and local laws and a professional standard of care in <br />California. <br />b. Consultant shall be entitled to use and reasonably rely upon all information provided <br />by the City in performing Consultant's services under this Agreement, in accordance <br />with the standard of care delineated in subsection a. above. <br />c. Consultant has no control over the cost of labor, materials, equipment or services <br />furnished by others, over the incoming water quality and/or quantity, or over the way <br />the City's water system and/or associated processes are operated and/or maintained. <br />Data projections and estimates are based on Consultant's opinion based on experience <br />and judgment. Consultant cannot and does not guarantee that actual costs and/or <br />quantities realized will not vary from the data projections and estimates prepared by <br />Consultant and Consultant will not be liable to and/or indemnify the City related to <br />any inconsistencies between Consultant's data projections and estimates and actual <br />costs and/or quantities realized by the City in the future, except to the extents such <br />inaccuracies/inconsistencies are the result of Consultant's failure to meet the standard <br />of care. <br />6.Ownership of Work. All work product and all other documents completed or partially <br />completed by Consultant in the performance of this Agreement shall become the property of the <br />City. All materials shall be delivered to the City upon completion or termination of the work <br />under this Agreement. If any materials are lost, damaged or destroyed before final delivery to <br />the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject <br />matter in all materials is hereby assigned to the City and the Consultant agrees to execute any <br />additional documents that may be necessary to evidence such assignment. Consultant shall keep <br />materials confidential. Materials shall not be used for purposes other than performance of <br />services under this Agreement and shall not be disclosed to anyone not connected with these <br />services, unless the City provides prior written consent. <br />7.Changes. City may request changes in the scope of services to be provided by Consultant. <br />Any changes and related fees shall be mutually agreed upon between the parties and subject to a <br />written amendment to this Agreement. <br />8.Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant <br />shall have the status of an independent contractor and Consultant shall not be considered to be an <br />employee of the City for any purpose. All persons working for or under the direction of <br />Consultant are its agents and employees and are not agents or employees of City. <br />Docusign Envelope ID: 271FE856-C5AE-4E67-BBDD-ED81F3311151