Responsibility for Subconsultants. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any subconsultant(s) of the Consultant, and no subcontract shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant’s obligation to pay its subconsultant(s) is an independent obligation from the City’s obligation to make payments to the Consultant.
Responsibility for Subconsultants. All obligations of the Design Consultant hereunder shall be performed by Design Consultant or its Subconsultants, which shall be qualified to perform the specific services and meet all licensing and certification requirements. The Design Consultant shall be fully responsible, in accordance with the terms and conditions of this Agreement, for all services performed by its Subconsultants. As between itself and the City, the Design Consultant shall remain responsible and liable to the City for all obligations under this Agreement, and shall be responsible for all acts, omissions, breaches, defaults, non-compliance, negligence, wilful misconduct, or other legal fault of each Subconsultant. All references in this Agreement to any act, omission, breach, default, non- compliance, negligence, wilful misconduct, or other legal fault of the Design Consultant will be construed accordingly to include any such act, omission, breach, default, non-compliance, negligence, wilful misconduct or other legal fault committed by Design Consultant or its Subconsultants. Design Consultant shall replace any Subconsultant whose performance, work, or work product is deemed unsatisfactory at the Director’s discretion. Design Consultant shall provide the Director with a copy of any of its Subconsultant’s subcontracts at Director's request.
