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a. Invoices submitted to City must contain a brief description of work performed,
<br />percentage of work completed , percentage of Agreement time used , percentage of Agreement
<br />amount expended and City reference n.umber ______ . Payment shall be made within
<br />thirty (30) days of receipt of Consultant's invoice.
<br />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 ev aluation 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 , professiona l 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 fav or of the City. All materials
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<br />Docusign Envelope ID: 07796B34-1668-8B96-813E-7DF222D8AFB5
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