Common use of Consultant’s Standard of Care Clause in Contracts

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 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); H. All documents prepared by the Consultant pursuant to this Agreement shall accurately reflect existing conditions for the scope of the services to be performed; I. The Consultant shall be responsible for any negligent inconsistencies or omissions in the documents prepared by the Consultant. 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 documents prepared by Consultant; J. Any review or acceptance by the Owner of Services or documents prepared by Consultant will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all Services under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services; K. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other representations and/or warranties provided.

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)) 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 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 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); H. All documents prepared by the Consultant pursuant to this Agreement shall accurately reflect existing conditions for the scope of the services to be performed; I. The Consultant shall be responsible for any negligent inconsistencies or omissions in the documents prepared by the Consultant. 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 documents prepared by Consultant; J. Any review or acceptance by the Owner of Services or documents prepared by Consultant will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all Services under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services; K. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other representations and/or warranties provided.

Consultant’s Standard of Care. By execution of this Agreement, the Consultant agrees represents and warrants 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)) 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 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 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); H. All documents prepared by the Consultant pursuant to this Agreement shall accurately reflect existing conditions for the scope of the services to be performed; I. The Consultant shall be responsible for any negligent inconsistencies or omissions in the documents prepared by the Consultant. 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 documents prepared by Consultant; J. Any review or acceptance by the Owner of Services or documents prepared by Consultant will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all Services under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services; K. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other representations and/or warranties provided.

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)) 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 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 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); H. All documents prepared by the Consultant pursuant to this Agreement shall accurately reflect existing conditions for the scope of the services to be performed; I. The Consultant shall be responsible for any negligent inconsistencies or omissions in the documents prepared by the Consultant. 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 documents prepared by Consultant; J. Any review or acceptance by the Owner of Services or documents prepared by Consultant will not relieve the Consultant of any responsibility for complying with the standard of care set forth herein. The Consultant is responsible for all Services under this Agreement, and agrees that it will be liable for all its negligent acts, errors, or omissions, if any, relative to the Services; K. The representations and warranties set forth in this section are in addition to, and not in lieu of, any other representations and/or warranties provided.