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performed which the Consultant fails or neglects to submit within sixty(60) days, or <br /> any extension thereof granted by the City, after the work is accepted by the City. <br /> 5. Sufficiency of Consultant's Work. <br /> a. Services shall be performed by Consultant in accordance with generally accepted <br /> professional practices and principles and in a manner consistent with a level of care <br /> and skill ordinarily exercised under similar conditions by members of Consultant's <br /> profession currently practicing in California. By delivery of completed work, <br /> Consultant certifies that the work conforms to the requirements of this Agreement and <br /> all applicable federal, state and local laws and a professional standard of care in <br /> California. <br /> b. Consultant shall be entitled to use and reasonably rely upon all information provided <br /> by the City in performing Consultant's services under this Agreement, in accordance <br /> with the standard of care delineated in subsection a. above. <br /> c. Consultant has no control over the cost of labor, materials, equipment or services <br /> furnished by others, over the incoming water quality and/or quantity, or over the way <br /> the City's water system and/or associated processes are operated and/or maintained. <br /> Data projections and estimates are based on Consultant's opinion based on experience <br /> and judgment. Consultant cannot and does not guarantee that actual costs and/or <br /> quantities realized will not vary from the data projections and estimates prepared by <br /> Consultant and Consultant will not be liable to and/or indemnify the City related to <br /> any inconsistencies between Consultant's data projections and estimates and actual <br /> costs and/or quantities realized by the City in the future,except to the extents such <br /> inaccuracies/inconsistencies are the result of Consultant's failure to meet the standard <br /> of care. <br /> 6. Ownership of Work. All work product and all other documents completed or partially <br /> completed by Consultant in the performance of this Agreement shall become the property of the <br /> City. All materials shall be delivered to the City upon completion or termination of the work <br /> under this Agreement. If any materials are lost, damaged or destroyed before final delivery to <br /> the City,the Consultant shall replace them at its own expense. Any and all copyrightable subject <br /> matter in all materials is hereby assigned to the City and the Consultant agrees to execute any <br /> additional documents that may be necessary to evidence such assignment. Consultant shall keep <br /> materials confidential. Materials shall not be used for purposes other than performance of <br /> services under this Agreement and shall not be disclosed to anyone not connected with these <br /> services, unless the City provides prior written consent. <br /> 7. Changes. City may request changes in the scope of services to be provided by Consultant. <br /> Any changes and related fees shall be mutually agreed upon between the parties and subject to a <br /> written amendment to this Agreement. <br /> 8. Consultant's Status. In performing the obligations set forth in this Agreement, Consultant <br /> shall have the status of an independent contractor and Consultant shall not be considered to be an <br /> employee of the City for any purpose. All persons working for or under the direction of <br /> Consultant are its agents and employees and are not agents or employees of City. <br /> 21 Page <br />