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<br />Page 2 of 8 <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 /> <br />6. Sufficiency of Consultant's Work. <br /> <br />a. Services shall be performed by Consultant consistent with, and limited to, the <br />professional care and skill ordinarily exercised under similar conditions by members of <br />Consultant’s profession currently practicing in California (“Standard of Care”). Except for the <br />Standard of Care, Consultant makes no warranties or guarantees, express or implied, under this <br />Agreement or otherwise in connection with its services. Consultant shall perform its services as <br />expeditiously as is consistent with the Standard of Care for the orderly progress of the Project. <br />Consistent with, and limited to the Standard of Care the Standard of Care, Consultant shall <br />comply to the requirements of this Agreement and all applicable federal, state and local laws. <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, <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 /> <br />c. Consultant’s responsibilities under this section shall not be delegated. Consultant <br />shall be responsible to the City for acts, errors, or omissions, which do not comply with the <br />Standard of Care, of Consultant’s subconsultants. <br /> <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 r esponsibility 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 /> <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. City <br />acknowledges that Consultant may have included in the Consultant’s Work Product typical or <br />standard design details, depictions, instructions and specifications regularly issued by Consultant <br />in the ordinary course of its professional practice ("Consultant’s Standard Documents"). <br />Consultant shall retain all statutory and reserved rights, including copyright, to Consultant 's <br />Standard Documents except that Consultant hereby grants to City, at no additional cost, a <br />Docusign Envelope ID: 776668AA-84FE-8E4D-81ED-F89B854166B8Docusign Envelope ID: 1E4E4FCF-7AB2-8687-82B4-D0B680FDBFDB