RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Consultant, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Consultant or of any subcontractor.
RESPONSIBILITY OF CONSULTANT. In addition to any other responsibilities of Consultant set forth in this Agreement, Consultant shall have the following responsibilities:
RESPONSIBILITY OF CONSULTANT. (i) Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by Consultant under the WOC, and all of the foregoing shall also be in accordance with Consultant’s approved Quality Plan. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other Services.
RESPONSIBILITY OF CONSULTANT. CONSULTANT shall report immediately to DISTRICT any instruction which CONSULTANT believes is contrary to the Contract Documents or will adversely affect the Services. DISTRICT has no obligations to CONSULTANT to discourage, indemnify from, or defend against claims of Contractor(s) or any subcontractors based upon any of the foregoing except when it is the sole fault of the DISTRICT.
RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under the AGREEMENT.
RESPONSIBILITY OF CONSULTANT. CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement. Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards of good engineering practice in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.
RESPONSIBILITY OF CONSULTANT. A. Consultant shall be solely responsible for the quality and accuracy of its work and the work of its consultants performed in connection with this Agreement. Any review, approval, or concurrence therewith by the County shall not be deemed to constitute acceptance or waiver by the County of any error or omission as to such work.
RESPONSIBILITY OF CONSULTANT. CONSULTANT, its employees, and its approved subcontractors shall be responsible in the performance of the services under this Agreement for exercising the degree of skill and care required by customarily accepted good professional subcontracting and technical practices and procedures, including the skills and experience related to right of way work. If services performed by CONSULTANT, its employees, personnel, and subcontractors fail to meet the standards LOCAL AUTHORITY and DEPARTMENT may elect to have CONSULTANT correct or cause to be corrected any of the services of CONSULTANT, its employees, or subcontractors which fail to meet such standards where (i) such failure appears during the performance of CONSULTANT’s services or within one (1) year from the date of completion of CONSULTANT’s service, and (ii) LOCAL AUTHORITY and DEPARTMENT notifies CONSULTANT of any such failure within thirty (30) days following the discovery, but in no event later than thirteen (13) months from the completion of CONSULTANT’s services requiring corrections. Any such corrections of the services shall be at no cost to LOCAL AUTHORITY or DEPARTMENT. The obligations and duties to be performed by CONSULTANT under this Agreement shall be performed by persons qualified to perform such duties efficiently. CONSULTANT, if LOCAL AUTHORITY and DEPARTMENT shall so direct, shall replace any person employed by CONSULTANT with another qualified employee or subcontractor with prior approval from LOCAL AUTHORITY and DEPARTMENT. The LOCAL AUTHORITY and DEPARTMENT has the right to determine which employee or subcontractor works on part of the right of way services as defined in Exhibit E. CONSULTANT shall sign the Confidentiality Form contained in Exhibit C. If CONSULTANT uses any subcontractor, CONSULTANT shall require the subcontractor to sign the Confidentiality Form.
RESPONSIBILITY OF CONSULTANT. Consultant will perform services under this Agreement in a manner consistent with that standard of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions (the “Standard of Care”). No other representation, warranty or guarantee, express or implied, is included or intended in this Agreement or in any report, opinion, document, or otherwise.
RESPONSIBILITY OF CONSULTANT. Consultant shall perform the Services as an independent contractor in accordance with its own methods, terms of this Agreement, and applicable laws and regulations. Consultant’s liability arising out of or in connection with the Services shall be limited to performing at is own expense Services which are (1) deficient because of Consultant’s failure to perform said Services in accordance with normal professional standards for performing services of a similar nature, and (2) reported in writing to Consultant within a reasonable time, not to exceed thirty (30) days from the completion of the Services in accordance with Article 5. Where Client’s project requires public agency approval, Consultant will attempt to assist in facilitating approval. However, Consultant does not assume responsibility for securing approval by such agency. Because of the nature of the work involved in this proposal, the Client shall indemnify and save and hold harmless from and against any damage, liability, loss, cost or claim, whether occasioned by ICM, INC., its officers, employees and agents or any other person or persons arising out of, resulting form our related to, the performance of the of the work provide for in this agreement; provided, however that Client shall not be obligated hereunder to indemnify, save and hold harmless Consultant, its officers, employees, or agents against any damage, liability, loss, cost, or claim which arises out of or in connection with the intentional wrongful acts of, or the active negligence of, Consultant, or its officers, employees or agents.
