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Compensation shall be based on the time and materials proposals set forth in Exhibit A, <br /> as calculated for the specific requested services set forth in the Work Authorization Letter. <br /> 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 /> Page 2 of 6 <br />