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a. Invoices submitted to City must contain a brief description of work <br /> performed, percentage of work completed, percentage of contract time used, <br /> percentage of contract amount expended, and City reference number. Payment shall <br /> be made within thirty (30) days of receipt of Consultant's invoice and approved by City. <br /> b. Upon completion of work and acceptance by City, Consultant shall <br /> have sixty (60) days in which to submit final invoicing for payment. An extension may <br /> be granted by City upon receiving a written request thirty (30) days in advance of said <br /> time limitation. The City shall have no obligation or liability to pay any invoice for work <br /> performed which the Consultant fails or neglects to submit within sixty (60) days, or any <br /> extension thereof granted by the City, after the work is accepted by the City. <br /> 5. Sufficiency of Consultant's Work. By executing this Agreement, Consultant <br /> warrants that all services will be performed in a competent, professional. and <br /> satisfactory manner. Should Consultant discover any latent or unknown conditions, it <br /> shall immediately inform City and proceed only at its own risk until instructed by City. <br /> 6. Ownership of Work. All reports, work data, plans, drawings, designs, plan <br /> review comments, work product, and all other documents completed or partially <br /> completed by Consultant in the performance of this Agreement shall become the <br /> property of City. All materials shall be delivered to City upon completion or termination <br /> of the work under this Agreement. If any materials are lost, damaged, or destroyed <br /> before final delivery to City, Consultant shall replace them at its own expense. Any and <br /> all copyrightable subject matter in all materials is hereby assigned to City, and <br /> Consultant agrees to execute any additional documents that may be necessary to <br /> evidence such assignment. Consultant shall keep materials confidential. Materials <br /> shall not be used for purposes other than performance of services under this Agreement <br /> and shall not be disclosed to anyone not connected with these services, unless City <br /> provides prior written consent. <br /> 7. Changes. City may request changes in the scope of services to be provided <br /> by Consultant. Any changes and related fees shall be mutually agreed upon between <br /> the parties and subject to a written amendment to this Agreement. <br /> 8. Consultant's Status. In performing the obligations set forth in this <br /> Agreement, Consultant shall have the status of an independent contractor, and <br /> Consultant shall not be considered to be an employee of City for any purpose. All <br /> persons working for or under the direction of Consultant are its agents and employees <br /> and are not agents or employees of City. <br /> 9. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall <br /> comply with the requirements of the California Labor Code including, but not limited to, <br /> hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation, <br /> and payment of prevailing wages as determined by the Director of the California <br /> Department of Industrial Relations. Consultant shall post, at each job site, a copy of the <br /> prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each <br /> Page 2 of 6 <br />