RESPONSIBILITY OF THE CONSULTANT. (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request; and, absent the foregoing, manuals and policies of the FAA, as published and in effect on the date of this Agreement.
(B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement.
(C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction of the Sponsor project associated with this Agreement or during any phase of work performed by others on said project that is based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, designs, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions.
(D) Completed design reports, plans and specifications, plans and specifications submitted for review by permit authorities, and plans and specifications issued for construction shall be signed, sealed, and dated by a Professional Engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be indicated on the design report, plans and specifications or included in the transmittal document. In ad...
RESPONSIBILITY OF THE CONSULTANT. (a) The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its services. However, the STATE may in certain circumstances, provide compensation for such work.
(b) Neither the STATE'S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the STATE in accordance with applicable law for all damages to the STATE caused by the CONSULTANT'S negligent performance or breach of contract of any of the services furnished under this contract.
(c) The rights and remedies of the STATE provided for under this contract are in addition to any other rights and remedies provided by law.
(d) If the CONSULTANT is comprised of more than one legal entity or any group of partners or joint venturers associated for the purposes of undertaking this agreement, each such entity acknowledges and hereby affirmatively represents and agrees that each has the power to bind the CONSULTANT and each of the others hereunder; and as such, each acts both as principal and agent of the CONSULTANT and of each of the others hereunder. Each further acknowledges and agrees that all such entities, partners or joint venturers associated for the purposes of undertaking this agreement shall be jointly and severally liable to third parties, including but not limited to the STATE, for the acts or omissions of the CONSULTANT or any other entity, partner or joint venturer hereunder.
(e) If the CONSULTANT is comprised of more than one legal entity or any group of partners or joint venturers associated for the purposes of undertaking this agreement, each such entity acknowledges and hereby affirmatively represents and agrees that the respective rights, duties and liabilities of each hereunder shall be governed by the laws of the State of New York, including but not limited to the New York Partnership Law.
RESPONSIBILITY OF THE CONSULTANT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. However, the Sponsor may in certain circumstances, provide compensation for such work.
B. Neither the Sponsor’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the Sponsor in accordance with applicable law for all damages to the Sponsor caused by the CONSULTANT'S negligent performance or breach of contract of any of the services furnished under this contract.
C. The rights and remedies of the Sponsor provided for under this contract are in addition to any other rights and remedies provided by law.
D. If the CONSULTANT is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
1.6.2 If, during the construction stage of the project, an error or omission is encountered in construction documents prepared by the Consultant, the Owner shall direct the Consultant to correct said error or omission at no additional cost to the Owner. If the error is discovered after construction has commenced on the subject of the error, the consultant shall be responsible for the cost of necessary corrective actions that exceeds the normal reasonable cost of similar installations or construction, including delay/disruption damages, had the subject error or omission not occurred. This may include, but not be limited to, uncovering, exposure, observation, inspection and testing, and satisfactory reconstruction. In the event that the Consultant should dispute the Owner's direction in this regard, the Consultant shall proceed diligently with the work and services in accordance with the decision of the Owner, pending final settlement of the dispute.
1.6.3 Neither the Owner's review, approval or acceptance of, nor payment for, any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and the Consultant shall be and remain liable to the Owner in accordance with applicable law for all damages to the Owner caused by the Consultant's negligent performance of any of the services furnished under this Agreement, or breach of contract.
RESPONSIBILITY OF THE CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.
RESPONSIBILITY OF THE CONSULTANT. (a) The Consultant shall: (i) possess the expertise, capability, equipment and personnel to perform properly and professionally the Services hereunder and (ii) be and remain properly and legally licensed to perform such Services.
(b) The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports and other services and reimburse the County for costs related to, or caused by, such incorrect or defective work, including, but not limited to, replacement of incorrect or defective material and equipment, removal and reinstallation costs.
(c) Approval by the County of drawings, designs, specifications, reports and incidental engineering work or materials furnished hereunder shall not in any way relieve the Consultant of responsibility for the technical adequacy of its work.
(d) The Consultant shall be and remain liable in accordance with applicable law for all damages to the County caused by the Consultant's negligent performance of any of the Services furnished under this Agreement.
(e) The Consultant shall keep himself fully informed and apprised of all Federal, State and local laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work or which in any way affect the execution of its work. The Consultant shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees and shall immediately notify the County of any conduct on such Consultant’s part which may be in violation of any such laws, ordinances, regulations, orders or decrees.
(f) The Consultant, while performing Services under this Agreement, shall conduct its public dealings in a courteous and professional manner and any employee whose conduct reflects adversely on the County shall be removed from further involvement with the project. When such a removal is warranted, the County will so advise the Consultant and substantiate the causes for said removal.
(g) The Consultant shall maintain all required licenses, pay all taxes, pay all related fees and charges and give all notices necessary and incidental to the due and lawful prosecution of the work.
(h) In the event tha...
RESPONSIBILITY OF THE CONSULTANT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services if the errors or deficiencies resulted, independently of all other causes, from negligence of the CONSULTANT. The CONSULTANT shall not be responsible for errors, omissions or deficiencies in the designs, drawings, specifications, reports or other services of the LOCAL PUBLIC AGENCY or other consultants, including, without limitation, surveyors and geotechnical engineers, who have been retained by LOCAL PUBLIC AGENCY. The CONSULTANT shall have no liability for errors or deficiencies in its designs, drawings, specifications and other services that were caused, or contributed to, by errors or deficiencies (unless such errors, omissions or deficiencies were known or should have been known by the CONSULTANT) in the designs, drawings, specifications and other services furnished by the LOCAL PUBLIC AGENCY, or other consultants retained by the LOCAL PUBLIC AGENCY.
B. Neither the LOCAL PUBLIC AGENCY’S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT’S negligent performance of any of the services furnished under this contract.
C. The CONSULTANT shall have no responsibility for supervising, directing or controlling the work of contractors or other consultants retained by the LOCAL PUBLIC AGENCY, nor shall the CONSULTANT have authority over, or responsibility for, the means, methods, techniques, sequences or procedures of construction (except those required by the contract plans, specifications, special provisions, etc. prepared by the CONSULTANT) selected by contractors. The CONSULTANT shall have no responsibility for the safety of persons on or off the job site, and whether or not engaged in the work, for safety precautions and programs incident to the work of contractors, or for any failure of contractors or others to exercise c...
RESPONSIBILITY OF THE CONSULTANT. Notwithstanding any review, approval, acceptance, or payment by the Owner, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. The Consultant shall demonstrate to the Owner the presence and implementation of quality assurance in the performance of the Consultant’s work. The Consultant shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. The Consultant further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. The Owner shall have the right at any time and in its sole discretion to submit for review all or any portion of the Consultant’s work to consulting engineers engaged by the Owner for that purpose. The Consultant shall fully cooperate with any such review. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. Neither the Owner’s review, approval, or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable to the Owner for all damages to the Owner caused by the Consultant’s negligent performance of any of the services furnished under this Agreement. The rights and remedies of the Owner provided under this Agreement are in addition to any other rights and remedies provided by law. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.
RESPONSIBILITY OF THE CONSULTANT. In providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with the 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. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, inspections, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, upon written notice to the CONSULTANT and upon mutual agreement between the parties, without additional compensation, correct or revise any errors in its designs, inspections, drawings, specifications, and other services if the errors resulted, independently of all other causes, from negligence of the CONSULTANT. Neither the LOCAL PUBLIC AGENCY'S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contact, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. Any construction costs, legal fees and administrative costs incurred by the LOCAL PUBLIC AGENCY due to negligent performance or errors in design by the CONSULTANT shall be paid by the CONSULTANT.
RESPONSIBILITY OF THE CONSULTANT. In providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession the errors resulted, independently of all other causes, from negligence of the CONSULTANT. Neither the LOCAL PUBLIC AGENCY'S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contact, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. Any construction costs, legal fees and administrative costs incurred by the LOCAL PUBLIC AGENCY due to negligent performance or errors in design by the CONSULTANT shall be paid by the CONSULTANT.
