|
<br />Page 2 of 7
<br />b. Upon completion of work and acceptance by City, Consultant shall have sixty (60)
<br />days in which to submit final invoicing for payment. An extension may be granted by City upon
<br />receiving a written request thirty (30) days in advance of said time limitation. The City shall
<br />have no obligation or liability to pay any invoice for work performed which the Consultant fails
<br />or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after
<br />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 accepted high
<br />professional practices and principles and in a manner consistent with a high level of care and
<br />skill ordinarily exercised under similar conditions by members of Consultant’s profession
<br />currently practicing in California. By delivery of completed work, Consultant certifies that the
<br />work conforms to the requirements of this Agreement and all applicable federal, state and local
<br />laws and a high professional standard of care in California.
<br />
<br />b. Consultant is responsible for making an independent evaluation and judgment of all
<br />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. Consultant shall
<br />be responsible to the City for acts, errors, or omissions of Consultant’s 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 />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
<br />Docusign Envelope ID: 45ECA280-4F7D-4538-9707-7541E52176E0Docusign Envelope ID: 5D4EC021-AEE5-441C-B0EC-FA81BB33A050
|