Common use of RESPONSIBILITY OF CONSULTANT Clause in Contracts

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, 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.