Common use of Manner of Performance of Work Clause in Contracts

Manner of Performance of Work. Contractor shall provide, and shall act to ensure that its Subcontractors shall provide that all Work specified in these Contract Documents is performed to the State's satisfaction, in compliance with the standards specified in Exhibit D and in authorized Work Orders, and in compliance with the Nondiscrimination/No Harassment Clause, as set forth in this Exhibit B. Standard of Care The Contractor, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom Contractor is responsible, shall provide all Services pursuant to this Agreement in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project. The AOC’s Acceptance of any submittals, deliverables, or other work product of the Contractor shall not be construed as assent that Contractor has complied, nor in any way relieve the Contractor of, compliance with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, guidelines, and requirements. Services Warranties Contractor warrants and represents that its employees and its Subcontractors employees assigned to perform Services under this Agreement have the appropriate required credentials in the specified area(s) of competence required by the regulations cited in Exhibit D and/or an authorized Work Order; or, if no credentials are cited in Exhibit D or an authorized Work Order, the skills, training, and background reasonably commensurate with his or her level of performance or responsibility so as to be able to perform in a competent and professional manner in accordance with generally accepted industry standards. Contractor warrants that the Services provided hereunder will conform to the standards established by this Agreement and its authorized Work Orders. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies, and any other recipients of the Services provided hereunder. Contractor warrants that the Services will be performed on time and according to the applicable schedule or within the dates specified in Work Order(s). Contractor warrants that the Services to be provided hereunder will conform to the requirements of the Statement of Work of this Agreement and as provided in the Work Orders authorized hereunder. This warranty shall begin upon the date of the State’s final payment for the Services provided under a Work Order, and shall extend for a period of 180 Days thereafter (“Warranty Period”). If the State identifies defect(s) in the Services provided during the Warranty Period, Contractor shall either re-perform the Services or otherwise remedy the defect to the satisfaction of the State. Contractor shall (unless a longer period is agreed to in writing with the State’s Project Manager) have a period of ten (10) Business Days following receipt of Notice of the existence of a defect, in which to provide a cure. In no event shall the State be responsible for any costs incurred by Contractor to remedy any deficiencies in the Services All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, the Court(s), the Counties and/or any other customer agencies or other beneficiaries of the Services provided hereunder. Contractor agrees that absent any material change to the specifications for the Work, Contractor shall provide all of the Work specified in the Work Order for the “Total Amount Encumbered to Date” applicable to the Work Order.

Manner of Performance of Work. The Contractor shall provide, provide all Services and shall act to ensure that its Subcontractors shall provide that all Work Deliverables specified in these Contract Documents is performed to the StateAOC's satisfaction, in compliance with the standards specified in Exhibit D and in authorized Work Orders, satisfaction and in compliance with the Nondiscrimination/No Harassment Clause, as set forth in this Exhibit B. Standard of Care Professionalism The Contractor, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom Contractor is responsible, shall provide conduct all Services pursuant to this Agreement in a manner work consistent with professional standards for the standard industry and type of care work being performed under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project. The AOC’s Acceptance of any submittals, deliverables, or other work product of the Contractor shall not be construed as assent that Contractor has complied, nor in any way relieve the Contractor of, compliance with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, guidelines, and requirementsAgreement. Services Warranties Warranty Contractor warrants and represents that each of its employees and its Subcontractors employees employees, Subcontractors, independent contractors or agents assigned to perform any Services or provide any technical assistance in planning, development, training, consulting or related Services under the terms of this Agreement shall have the appropriate required credentials in the specified area(s) of competence required by the regulations cited in Exhibit D and/or an authorized Work Order; or, if no credentials are cited in Exhibit D or an authorized Work Order, the skills, training, and background reasonably commensurate with his or her level of performance or responsibility responsibility, so as to be able to perform in a competent and professional manner and shall have all credentials in accordance with generally accepted industry standards. Contractor warrants that the Services provided hereunder will conform to the standards established by this Agreement and its authorized Work Orders. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies, and any other recipients area(s) of the Services provided hereunder. Contractor warrants that the Services will be performed on time and according to competence required under the applicable schedule or within the dates specified in Work Order(s)law. Contractor warrants that the Services to be provided hereunder will conform to the requirements of the Statement of Work of this Agreement and as provided in the Work Orders authorized hereunderAgreement. This warranty shall begin upon the date of the State’s final payment for the Services provided under a Work Order, and shall extend for a period of 180 Days thereafter (“Warranty Period”). If the State AOC identifies defect(s) in the Services provided during the Warranty Period, the State shall notify the Contractor in writing, citing the defect, and Contractor shall either re-either, at the option of the AOC, reperform the Services, perform the additional similar Services for an additional period at no cost, or otherwise remedy the defect to the satisfaction of the State. Contractor shall (unless a longer period is agreed to in writing with the State’s Project Manager) have a period of ten (10) Business Days following receipt of Notice of the existence of a defect, in which to provide a cure. In no event shall the State be responsible for any costs incurred by Contractor to remedy any deficiencies in the Services Services. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, the Court(s)customer agencies, the Counties and/or and any other customer agencies or other beneficiaries recipients of the Services provided hereunder. If agreement cannot be reached between the AOC’s Project Manager and the Contractor agrees that absent any material change as to the specifications acceptability of the Service(s) a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Service(s) to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the AOC will notify the Contractor in writing of such action and the reason(s) for so doing and the AOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A. Licenses: Contractor warrants and represents that Contractor itself has, and will maintain throughout the duration of this Agreement, appropriate licensure as a Licensed Surveyor or Registered Civil Engineer pursuant to the requirements of Chapter 15, California Business and Professions Code, beginning at section 8700 et. seq. and any other license(s) required under law to provide the Service(s) contemplated by this Agreement. Contractor warrants and represents that Contractor shall ensure that any of its employees or subcontractors providing Service(s) contemplated by this Agreement have all license(s) required under law to provide that Service(s). All Land Surveys must be performed by, or under the direct supervision and with the review and approval of, a registered professional land surveyor who must at all times during which a survey is being performed be licensed in the State of California by the board for Professional Engineers and Land Surveyors under the Professional Land Surveyor’s Act amended and effective as of January 1, 2010. If the possession of any other license(s) is/are required under law for the Workperformance of Service(s) other than as noted above, Contractor shall provide all warrants and represents that that Service(s) will either be performed by appropriately licensed individuals or under the direct supervision and subject to the approval of the Work specified appropriately licensed individuals. Copyrights and Rights in Data, Material, and Deliverables All copyrights and rights in any Data, Materials, and/or Deliverables produced with funding from this Agreement that may presumptively vest in the Work Order for the “Total Amount Encumbered to Date” applicable Contractor shall be transferred to the Work OrderState.

Manner of Performance of Work. The Contractor shall provide, provide all Services and shall act to ensure that its Subcontractors shall provide that all Work Deliverables specified in these Contract Documents is performed to the StateAOC's satisfaction, in compliance with the standards specified in Exhibit D and in authorized Work Orders, satisfaction and in compliance with the Nondiscrimination/No Harassment Clause, as set forth in this Exhibit B. Standard of Care Professionalism The Contractor, its officers, agents, employees, subcontractors, consultants and any persons or entities for whom Contractor is responsible, shall provide conduct all Services pursuant to this Agreement in a manner work consistent with professional standards for the standard industry and type of care work being performed under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project. The AOC’s Acceptance of any submittals, deliverables, or other work product of the Contractor shall not be construed as assent that Contractor has complied, nor in any way relieve the Contractor of, compliance with (i) the applicable standard of care or (ii) applicable statutes, regulations, rules, guidelines, and requirementsAgreement. Services Warranties Warranty Contractor warrants and represents that each of its employees and its Subcontractors employees employees, Subcontractors, independent contractors or agents assigned to perform any Services or provide any technical assistance in planning, development, training, consulting or related Services under the terms of this Agreement shall have the appropriate required credentials in the specified area(s) of competence required by the regulations cited in Exhibit D and/or an authorized Work Order; or, if no credentials are cited in Exhibit D or an authorized Work Order, the skills, training, and background reasonably commensurate with his or her level of performance or responsibility responsibility, so as to be able to perform in a competent and professional manner and shall have all appropriate required licenses and credentials in accordance with generally accepted industry standardsthe specified area(s) of competence required under the applicable law. If the possession of a license is mandated by law for the performance of a Service, Contractor warrants and represents that that Service will be performed by or under the direct supervision of such licensed individuals. Contractor further warrants that the Services provided hereunder will conform to the standards established by requirements of this Agreement and its authorized Work Orders. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies, and any other recipients of the Services provided hereunder. Contractor warrants that the Services will be performed on time and according to the applicable schedule or within the dates specified in Work Order(s)Agreement. Contractor warrants that the Services to be provided hereunder will conform to the requirements of the Statement of Work of this Agreement and as provided in the Work Orders authorized hereunderAgreement. This warranty shall begin upon the date of the State’s final payment for the Services provided under a Work Order, and shall extend for a period of 180 Days thereafter (“Warranty Period”). If the State AOC identifies defect(s) in the Services provided during the Warranty Period, the State shall notify the Contractor in writing, citing the defect, and Contractor shall either re-either, at the option of the AOC, reperform the Services, perform the additional similar Services for an additional period at no cost, or otherwise remedy the defect to the satisfaction of the State. Contractor shall (unless a longer period is agreed to in writing with the State’s Project Manager) have a period of ten (10) Business Days following receipt of Notice of the existence of a defect, in which to provide a cure. In no event shall the State be responsible for any costs incurred by Contractor to remedy any deficiencies in the Services Services. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, the Court(s)customer agencies, the Counties and/or and any other customer agencies or other beneficiaries recipients of the Services provided hereunder. If agreement cannot be reached between the AOC’s Project Manager and the Contractor agrees that absent any material change as to the specifications acceptability of the Service(s) a principal of the Contractor and the Administrative Director of the AOC, or its designee, shall meet to discuss the problem. If agreement cannot be reached, in the reasonable judgment of the Administrative Director of the AOC, or its designee, and/or the Contractor fails to cure such deficiencies that are perceived in the Service(s) to the reasonable satisfaction of the Administrative Director, or its designee, in the reasonable time established by the Administrative Director, the AOC will notify the Contractor in writing of such action and the reason(s) for so doing and the WorkAOC may terminate this Agreement pursuant to the terms of Standard Provisions paragraph 3, as set forth in Exhibit A. Copyrights and Rights in Data, Material, and Deliverables All copyrights and rights in any Data, Materials, and/or Deliverables produced with funding from this Agreement that may presumptively vest in the Contractor shall provide all of the Work specified in the Work Order for the “Total Amount Encumbered to Date” applicable be transferred to the Work OrderState.