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a. Invoices submitted to City must contain a brief description of work <br /> performed,percentage of work completed,percentage of Agreement time used,percentage of <br /> Agreement amount expended and City's contract reference number <br /> b. Upon completion of work and acceptance by City, Consultant shall have sixty <br /> (60)days in which to submit final invoicing for payment. An extension may be granted by City <br /> upon receiving a written request thirty (30)days in advance of said time limitation. The City <br /> shall have no obligation or liability to pay any invoice for work performed which the Consultant <br /> fails or neglects to submit within sixty (60)days, or any extension thereof granted by the City, <br /> after the work is accepted by the City. <br /> 6. 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 /> 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. All materials <br /> Page 2 of 7 <br />