Common use of RESPONSIBILITY OF THE CONSULTANT Clause in Contracts

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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

RESPONSIBILITY OF THE CONSULTANT. (A) The Consultant shall comply with applicable local15.1. Neither the employees of the Consultant, state and federal laws and regulations governing these servicesor of its subcontractors, 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 deemed employees of the FAA, as published and in effect on Owner for the date purposes of this Agreement. (B) Without limiting the foregoing15.2. The Consultant and its subcontractors agree that it will have no interest, land acquisitiondirect or indirect, environmental, planning, design and construction criteria will be that would conflict in accordance any manner or degree with the information set out in Exhibit II performance of its obligations under this Agreement. Furthermore, the Consultant and its subcontractors shall not enter into any other contract during the term of this Agreement, which would create or involve a conflict of interest with the services provided herein or other contracts that may be adverse to the Owner, State, City or County as it relates to this Agreement. (C) The 15.3. 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. 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 dataThe Consultant shall, 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 compensationcompensation above the Contract Price, even though final payment may have been received by the Consultantcorrect or revise any errors or deficiencies in its surveys, drawings, specifications, and other services. 15.4. The Consultant shall provide demonstrate to the Owner’s Representative 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. 15.5. The Consultant further agrees that in its performance of its work under this Agreement, it shall adhere to the requirements in the Design Standards of the Department and FHWA, which shall be incorporated herein by reference. 15.6. 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. 15.7. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.8. Neither the Owner’s review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as expeditiously as is consistent with professional performancea waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. Acceptance The Consultant shall be and remain liable to the Owner for all damages to the Owner to the extent caused by the Consultant’s negligent performance of any of the services will not relieve the Consultant furnished under this Agreement. 15.9. The rights and remedies of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans and specifications submitted Owner provided 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or are in addition to any project of construction undertaken employing the deliverables other rights and remedies provided by law. 15.10. If the Consultant in performing this Agreementis comprised of more than one legal entity, the Consultant each such entity shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor jointly and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsorseverally liable hereunder.

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 publisihed 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

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 Sponsor as expressly established in this Agreement, consisting of 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 plans/specifications submitted for review by permit authorities, and plans and plans/specifications issued for construction shall be signed, sealed, and dated by a Professional Engineer 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

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 the 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

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 AgreementAgreement or any subsequent MOU. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the SponsorCommission; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA the Commission which shall be furnished by the Sponsor Commission upon request; and, absent the foregoing, manuals and policies of the FAAAASHTO, as published and in effect on the date of this AgreementAgreement or any subsequent MOU. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria the performance of these services will be in accordance with the specific criteria and project procedures as indicated by the information set out in Exhibit II of this Agreementand in the appropriate MOU. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and all deliverables or any other services furnished under this Agreement. At any time during construction any subsequent stage of the Sponsor project associated with this Agreement development or during any phase of work performed by others on said project that is based upon data, plans, designs, any deliverables or specifications other services provided by the Consultant, the Consultant shall prepare any data, plans, designs, additional deliverables or specifications other services 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 reportsAll final deliverables produced under this agreement shall be signed, sealed, and dated by the appropriate party responsible for performance of the services and who possesses appropriate registration in the state of Missouri to perform the type of services included in this Agreement or any subsequent MOU. All requirements for professional registration and the signing and sealing of deliverables shall be in accordance with Missouri state law. All deliverables which are not the final version shall carry the words “Draft or Preliminary” or other similar language in an obvious location where it can readily be found, easily read, and is not obscured by other markings, as a disclosure to others that the deliverables are incomplete or preliminary. When the deliverables are presented in their final form, the word “Draft or Preliminary” or other similar language shall be removed and the deliverables thereupon signed, sealed, and dated as previously described in this Subsection. (E) Where the scope of services requires the preparation of completed plans, plans and specifications, plans and specifications submitted for review by permit authorities, and plans and specifications issued for construction construction, the plans shall be signed, sealed, and dated by a Professional Engineer professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documentsplan(s), 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 plan(s) or included in the transmittal document. In addition, the phrase "“Preliminary - Not for Construction," ” or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications plan(s) are incomplete or preliminary. When the design report, plans and specifications plan(s) are completed, the phrase "“Preliminary - Not for Construction" ” or similar language shall be removed and the design report, plans and specifications plan(s) shall thereupon be sealed. (EF) The Consultant shall cooperate fully with the Sponsor’s activities Commission and its Engineers, consultants, and contractors on adjacent projects projects, and with municipalities and local government officials, public utility companies and others as may be directed by the SponsorEngineer. This shall may include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit IIEngineer. (FG) In the event any lawsuit or court proceeding of any kind is brought against the SponsorCommission, arising out of or relating to the Consultant's activities or services performed under this Agreement Agreement, including any MOU, or any subsequent stage of project development or phase of work or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, including any MOU, the Consultant shall have the affirmative duty to assist the Sponsor Commission in preparing the Sponsor’s Commission's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor Commission by the Consultant will be compensated at an amount or rate negotiated between the Sponsor Commission and the Consultant as will be identified in a separate agreement between the Sponsor Commission and the Consultant. To the extent the assistance given to the Sponsor Commission by the Consultant was necessary for the Sponsor Commission to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor Commission to the Consultant will be reimbursed to the SponsorCommission.

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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

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 Sponsor as expressly established in this Agreement, consisting of 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 plans/specifications submitted for review by permit authorities, and plans and plans/specifications issued for construction shall be signed, sealed, and dated by a Professional Engineer 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

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 AgreementAgreement or any subsequent MOU. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the SponsorCommission; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA the Commission which shall be furnished by the Sponsor Commission upon request; and, absent the foregoing, manuals and policies of the FAAAASHTO, as published and in effect on the date of this AgreementAgreement or any subsequent MOU. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria the performance of these services will be in accordance with the specific criteria and project procedures as indicated by the information set out in Exhibit II of this Agreementand in the appropriate MOU. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and all deliverables or any other services furnished under this Agreement. At any time during construction any subsequent stage of the Sponsor project associated with this Agreement development or during any phase of work performed by others on said project that is based upon data, plans, designs, any deliverables or specifications other services provided by the Consultant, the Consultant shall prepare any data, plans, designs, additional deliverables or specifications other services 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 reportsAll final deliverables produced under this agreement shall be signed, sealed, and dated by the appropriate party responsible for performance of the services and who possesses appropriate registration in the state of Missouri to perform the type of services included in this Agreement or any subsequent MOU. All requirements for professional registration and the signing and sealing of deliverables shall be in accordance with Missouri state law. All deliverables which are not the final version shall carry the words “Draft or Preliminary” or other similar language in an obvious location where it can readily be found, easily read, and is not obscured by other markings, as a disclosure to others that the deliverables are incomplete or preliminary. When the deliverables are presented in their final form, the word “Draft or Preliminary” or other similar language shall be removed and the deliverables thereupon signed, sealed, and dated as previously described in this Subsection. (E) Where the scope of services requires the preparation of completed plans, plans and specifications, plans and specifications submitted for review by permit authorities, and plans and specifications issued for construction construction, the plans shall be signed, sealed, and dated by a Professional Engineer professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documentsplan(s), 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 plan(s) or included in the transmittal document. In addition, the phrase "“Preliminary - Not for Construction," ” or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications plan(s) are incomplete or preliminary. When the design report, plans and specifications plan(s) are completed, the phrase "“Preliminary - Not for Construction" ” or similar language shall be removed and the design report, plans and specifications plan(s) shall thereupon be sealed. (EF) The Consultant shall cooperate fully with the Sponsor’s activities Commission and its Engineers, consultants, and contractors on adjacent projects projects, and with municipalities and local government officials, public utility companies and others as may be directed by the SponsorEngineer. This shall may include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit IIEngineer. (FG) In the event any lawsuit or court proceeding of any kind is brought against the SponsorCommission, arising out of or relating to the Consultant's activities or services performed under this Agreement Agreement, including any MOU, or any subsequent stage of project development or phase of work or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, including any MOU, the Consultant shall have the affirmative duty to assist the Sponsor Commission in preparing the Sponsor’s Commission's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor Commission by the Consultant will be compensated at an amount or rate negotiated between the Sponsor Commission and the Consultant as will be identified in a separate agreement between the Sponsor Commission and the Consultant. To the extent the assistance given to the Sponsor Commission by the Consultant was necessary for the Sponsor Commission to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor Commission to the Consultant will be reimbursed to the SponsorCommission.

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 SponsorCommission; and if none are expressly established in this Agreement, published manuals and policies of MoDOT the Commission and FAA FHWA which shall be furnished by the Sponsor Commission upon request; and, absent the foregoing, manuals and policies of the FAAAASHTO, as published and in effect on the date of this Agreement. (B) Without limiting the foregoing, land acquisition, environmental, planning, design criteria and construction criteria project planning will be in accordance with the information set out in Exhibit II of this Agreement.I. (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 Commission 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 reportsplans, 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 professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documentsplan(s), 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 plan(s) or included in the transmittal document. In addition, the phrase "“Preliminary - Not for Construction," ” or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications plan(s) are incomplete or preliminary. When the design report, plans and specifications plan(s) are completed, the phrase "“Preliminary - Not for Construction" ” or similar language shall be removed and the design report, plans and specifications plan(s) shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities Commission and its Engineers, consultants, and contractors on adjacent projects projects, and with municipalities and local government officials, public utility companies and others as may be directed by the SponsorEngineer. This shall include attendance at meetings, discussions, and hearings as requested by the SponsorEngineer. The minimum number and location of public meetings and public hearings shall be defined in Exhibit II.I. (F) In the event any lawsuit or court proceeding of any kind is brought against the SponsorCommission, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor Commission in preparing the Sponsor’s Commission's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor Commission by the Consultant will be compensated at an amount or rate negotiated between the Sponsor Commission and the Consultant as will be identified in a separate agreement between the Sponsor Commission and the Consultant. To the extent the assistance given to the Sponsor Commission by the Consultant was necessary for the Sponsor Commission to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor Commission to the Consultant will be reimbursed to the SponsorCommission.

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 publisihed 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor.

RESPONSIBILITY OF THE CONSULTANT. (A) The Consultant shall comply with applicable local15.1. Neither the employees of the Consultant, state and federal laws and regulations governing these servicesor of its subcontractors, 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 deemed employees of the FAA, as published and in effect on Owner for the date purposes of this Agreement. (B) Without limiting the foregoing15.2. The Consultant and its subcontractors agree that it will have no interest, land acquisitiondirect or indirect, environmental, planning, design and construction criteria will be that would conflict in accordance any manner or degree with the information set out in Exhibit II performance of its obligations under this Agreement. Furthermore, the Consultant and its subcontractors shall not enter into any other contract during the term of this Agreement which would create or involve a conflict of interest with the services provided herein or other contracts that may be adverse to the Owner, State, City or County as it relates to this Agreement. (C) The 15.3. 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. 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 dataThe Consultant shall, 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 Consultantcorrect or revise any errors or deficiencies in its designs, drawings, specifications, and other services. 15.4. The Consultant shall provide demonstrate to the Owner’s Representative 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. 15.5. The Consultant further agrees that in its performance of its work under this Agreement, it shall adhere to the requirements in the Design Standards of the Department and FHWA, which shall be incorporated herein by reference. 15.6. 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. 15.7. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. 15.8. Neither the Owner’s review, approval or acceptance of, nor payment for, the services required under this Agreement shall be construed to operate as expeditiously as is consistent with professional performancea waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. Acceptance The Consultant shall be and remain liable to the Owner for all damages to the Owner to the extent caused by the Consultant’s performance of any of the services will not relieve the Consultant furnished under this Agreement. 15.9. The rights and remedies of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans and specifications submitted Owner provided 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 addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or are in addition to any project of construction undertaken employing the deliverables other rights and remedies provided by law. 15.10. If the Consultant in performing this Agreementis comprised of more than one legal entity, the Consultant each such entity shall have the affirmative duty to assist the Sponsor in preparing the Sponsor’s defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor jointly and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsorseverally liable hereunder.

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 SponsorCommission; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA the Commission which shall be furnished by the Sponsor Commission upon request; and, absent the foregoing, manuals and policies of the FAAAASHTO, as published and in effect on the date of this Agreement. (B) Without limiting the foregoing, land acquisition, environmental, planning, design criteria and construction criteria project planning will be in accordance with the information set out in Exhibit II of this Agreement.I. (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 Commission 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 reportsplans, 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 professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documentsplan(s), 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 plan(s) or included in the transmittal document. In addition, the phrase "“Preliminary - Not for Construction," ” or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications plan(s) are incomplete or preliminary. When the design report, plans and specifications plan(s) are completed, the phrase "“Preliminary - Not for Construction" ” or similar language shall be removed and the design report, plans and specifications plan(s) shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor’s activities Commission and its Engineers, consultants, and contractors on adjacent projects projects, and with municipalities and local government officials, public utility companies and others as may be directed by the SponsorEngineer. This shall include attendance at meetings, discussions, and hearings as requested by the SponsorEngineer. The minimum number and location of public meetings and public hearings shall be defined in Exhibit II.I. (F) In the event any lawsuit or court proceeding of any kind is brought against the SponsorCommission, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor Commission in preparing the Sponsor’s Commission's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor Commission by the Consultant will be compensated at an amount or rate negotiated between the Sponsor Commission and the Consultant as will be identified in a separate agreement between the Sponsor Commission and the Consultant. To the extent the assistance given to the Sponsor Commission by the Consultant was necessary for the Sponsor Commission to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor Commission to the Consultant will be reimbursed to the SponsorCommission.