|
<br />Page 2 of 7
<br />
<br />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 />
<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 />
<br /> 6. Sufficiency of Consultant's Work.
<br />
<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 />
<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 />
<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 />
<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 />
<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 />DocuSign Envelope ID: E98D18FD-044F-4EAC-A836-347C5592F316
|