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<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.
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<br />6. Sufficiency of Consultant's Work.
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<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.
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<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.
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<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.
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<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.
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<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
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