Consultant’s Standard of Care. Subject to the other Agreement provisions, Consultant will provide Consultant’s services under this Agreement with the same degree of care, skill, and prudence that would be customarily exercised in the Company’s best interest. In addition, from time to time, Consultant will interface with various members of the Company’s staff or be on the Company’s premises. On all such occasions, Consultant shall act appropriately and professionally, including, without limitation, refraining from any offensive or harassing behavior whether based on an individual’s sex, race, religion, national origin, age, sexual orientation, disability, or other characteristic protected by federal, state or local law. Failure to comply with this expectation may result in immediate termination of this Agreement.
Consultant’s Standard of Care. A. By execution of this Agreement, the Consultant agrees that:
1. The Consultant is an experienced professional firm having the skill, legal capacity, and professional ability necessary to perform all the Services required under this Agreement to design or administer a project having this scope and complexity; and will perform such Services pursuant to the standard of care set forth in subsections B. through G. of this Section II.
2. The Consultant has the capabilities and resources necessary to perform the obligations of this Agreement.
3. The Consultant either is, or will in a manner consistent with the standard of care set forth in this Agreement, become familiar with all current laws, rules, and regulations which are applicable to the design and construction of the Project, and that all drawings, specifications, and other documents prepared by the Consultant shall be prepared in accordance with its standard of care in an effort to accurately reflect and incorporate all such laws, rules, and regulations. All drawings, specifications, and other documents prepared by Consultant pursuant to this Agreement shall accurately reflect, incorporate and comply with all current laws, rules, regulations and ordinances which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to any deficiencies which are due to causes beyond the control of Consultant);
B. Consultant represents and warrants to Owner that (1) Consultant has the power and authority to enter into and perform this Agreement, (2) when executed and delivered, this Agreement shall be a valid and binding obligation of the Consultant enforceable in accordance with its terms, (3) Consultant shall, at all times during the term of this Agreement be duly licensed to perform the Services, and if there is no licensing requirement for the profession or services, be duly qualified and competent, (4) the Services under this Agreement shall be performed in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions;
C. All drawings, specifications, and other documents prepared by Consultant pursuant to this Agreement shall accurately reflect, incorporate and comply with current laws, rules, regulations and ordinances which are applicable to the design and construction of the Project, and shall be complete and functional for the purposes intended (except as to an...
Consultant’s Standard of Care. In providing the Work under this Agreement, Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to Consultant and by mutual agreement between the parties, Consultant will, without additional compensation, correct those services not meeting the standard set forth herein. Consultant further agrees that the Work provided shall conform to the requirements of this Agreement.
Consultant’s Standard of Care. Subject to the other Agreement provisions, Consultant will provide Consultant’s services under this Agreement with the same degree of care, skill, and prudence that would be customarily exercised in the Company’s best interest.
Consultant’s Standard of Care. All services including analyses, reports, and other documents prepared by Consultant and/or subconsultants shall be performed or prepared in accordance with the professional skill, care and standards of other professionals performing similar services under similar conditions.
A. The Consultant shall be responsible for any negligent inconsistencies or omissions in the analyses, reports, and other documents. While Consultant cannot guarantee that the various documents required under this Agreement are completely free of all minor human errors and omissions, it shall be the responsibility of Consultant throughout the period of performance under this Agreement to use due care and perform with professional competence. Consultant will, at no additional cost to Owner, correct any and all errors and omissions in the analyses, reports, and other documents prepared by Consultant. Consultant further agrees to render assistance to Owner in resolving other problems relating to the cost of the Project;
B. The Owner's acceptance of Work shall not be deemed as approval of the adequacy of the analyses, reports, or other documents. Any review or acceptance by the Owner will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all cost estimating services under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, in judgment relative to the services.
Consultant’s Standard of Care. Subject to the other provisions of this Agreement, CONSULTANT shall provide the Consultant Services with the same degree of diligence, care, skill and prudence that would be customarily exercised by an executive officer of a U.S. public company and in the best interest of the COMPANY.
Consultant’s Standard of Care. By execution of this Agreement, the Consultant agrees that:
A. The Consultant is an experienced professional firm having the skill, legal capacity, and professional ability necessary to perform all the Services required under this Agreement to design or administer a project having this scope and complexity; and will perform such Services pursuant to the standard of care set forth in subsections B. through G. of this Section II.
B. When applicable law requires that Services be performed by licensed professionals, the Consultant shall, or shall require its Sub-Consultant’s to provide those services through qualified professionals licensed in Oregon. Wherever a deliverable is identified as “Engineered” or “Stamped”, or any item is described as “Engineered”, the deliverable shall have been at a minimum reviewed, agreed to, signed and stamped by a professional engineer (“PE”) licensed in the state of Oregon. The PE signing a document shall be licensed and experienced in the appropriate branch of engineering for the deliverable. Where the PE experience is not directly relatable, a subject matter expert may review and sign the deliverable in addition to the PE sign off. Upon request from the Owner, the Consultant shall provide full Curriculum Vitae’s (showing their experience/expertise in the area) for all PEs and subject matter experts who sign off on deliverables. The Owner understands and agrees that the services of the Consultant, and Sub-Consultants are performed for the benefit of the Owner.
C. The Consultant has the capabilities and resources necessary to perform the obligations of this Agreement.
D. The Consultant either is, or will become, in a manner consistent with the standard of care set forth in this Agreement, familiar with all current laws, rules, and regulations which are applicable to the Project.
E. All documents prepared by the Consultant shall be prepared in accordance with its standard of care in an effort to accurately reflect and incorporate all such laws, rules, and regulations.
F. Consultant represents and warrants to Owner that (1) Consultant has the power and authority to enter into and perform this Agreement, (2) when executed and delivered, this Agreement shall be a valid and binding obligation of the Consultant enforceable in accordance with its terms, (3)
G. All documents prepared by Consultant pursuant to this Agreement shall accurately reflect, incorporate and comply with current laws, rules, regulations and ordinances which are ...
Consultant’s Standard of Care. The Professional Services and authorized Additional Services for an Assigned Project, if any, will be performed and provided by Consultant and its personnel: (i) using the Consultant’s best skill and attention; (ii) with due care and in accordance with applicable standards of professional care; (iii) in accordance with applicable laws, rules and regulations; and (iv) in accordance with the terms of this Agreement and the PAA issued by the District for the Assigned Project. The Consultant acknowledges that the Professional Services are to be provided and performed in conjunction with other services provided by other parties relating to an Assigned Project, including without limitation, the Architect, Construction Manager and the Contractor for the Assigned Project. Accordingly, Consultant acknowledges and agrees that the Professional Services for each Assigned Project will be provided as required by the District’s schedule for completing planning, designing, bidding and/or construction of an Assigned Project and that the Professional Services will be provided and completed in a manner so as not to delay, hinder or interrupt the orderly and timely progression and completion the Assigned Project. The Consultant is liable to the District for the consequences of its failure to provide, perform and/or complete the Professional Services or authorized Additional Services in accordance with the terms of this Agreement and the PAA for the Assigned Project.
Consultant’s Standard of Care. The consulting services provided on this project will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No additional warranties are provided either express or implied unless agreed to in writing.
Consultant’s Standard of Care. Consultant shall provide its professional services under this Contract with the same degree of care, skill and diligence as is ordinarily provided by a professional services consultant providing similar services and similar circumstances for a project of which this Contract applies, and shall give professional consultations and advice to the CITY during the performance of the services under this Contract as outlined in the Scope of Services.
