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If the term of the Agreement is extended as provided in Section 2, the hourly rates set
<br /> forth in Exhibit A may be adjusted based on mutual agreement of the parties following the
<br /> change in the Engineers News Record Construction Cost Index for San Francisco CA for All
<br /> Items with such adjustments set forth in writing and included with any written extension.
<br /> 4. Sufficiency of Consultant's Work.
<br /> a. Services shall be performed by Consultant in accordance with generally
<br /> accepted high professional practices and principles and in a manner consistent with a high level
<br /> of care and skill ordinarily exercised under similar conditions by members of Consultant's
<br /> profession currently practicing in California. By delivery of completed work, Consultant
<br /> certifies that the work conforms to the requirements of this Agreement and all applicable federal,
<br /> state and local laws and a high professional standard of care in California.
<br /> b. Consultant is responsible for making an independent evaluation and judgment
<br /> of all 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.
<br /> Consultant shall be responsible to the City for acts, errors, or omissions of Consultant's
<br /> 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,professional 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 /> 5. 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. All materials
<br /> shall be delivered to the City upon completion or termination of the work under this Agreement.
<br /> If any materials are lost, damaged or destroyed before final delivery to the City,the Consultant
<br /> shall replace them at its own expense. Any and all copyrightable subject matter in all materials
<br /> is hereby assigned to the City and the Consultant agrees to execute any additional documents that
<br /> may be necessary to evidence such assignment. Consultant shall keep materials confidential and
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