Common use of RESPONSIBILITY OF THE CONSULTANT Clause in Contracts

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 that the Consultant, its successors, assigns, employees, contractors, subcontractors, agents, and representatives, enters County property (including but not limited to County easements), the Consultant shall repair any damage at its sole cost and expense caused by the Consultant to any property entered on by the Consultant to the extent such damage was caused by the Consultant. The Consultant agrees to indemnify, defend and hold the County, its officers, directors, employees, agents, licensees, contractors, guests and invitees and the property owner (in the case of a County easement or other partial property interest) harmless from any and all liability, claims, demands, liens, damages, penalties, fines, interest, costs and expenses that arose from, were caused by or were related to the Consultant's entry or work on County property or easements (including, without limitation, fees and charges of attorneys and other professionals and court costs). (i) The Consultant shall perform all Services contemplated by this Agreement by the best and soundest means and methods and in the most expeditious and economical manner consistent with the interests of the County and consistent with its standard of care set forth below. The Consultant represents that its Services shall be performed in a manner consistent with the level of skill and care exercised by other members of the same profession currently practicing in the same locality under similar conditions.

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 that the Consultant, its successors, assigns, employees, contractors, subcontractors, agents, and representatives, enters County property (including but not limited to County easements), the Consultant shall repair any damage at its sole cost and expense caused by the Consultant to any property entered on by the Consultant to the extent such damage was caused by the Consultant. The Consultant agrees to indemnify, defend pay for the defense of and hold the County, its officers, directorselected officials, employees, agents, licensees, contractors, guests and invitees and the property owner (in the case of a County easement or other partial property interest) harmless from any and all liability, claims, demands, liens, damages, penalties, fines, interest, costs and expenses that arose from, were caused by or were related to the Consultant's entry or work on County property or easements (including, without limitation, fees and charges of attorneys and other professionals and court costs). (i) The Consultant shall perform all Services contemplated by this Agreement by the best and soundest means and methods and in the most expeditious and economical manner consistent with the interests of the County and consistent with its standard of care set forth below. The Consultant represents that its Services shall be performed in a manner consistent with the level of skill and care exercised by other members of the same profession currently practicing in the same locality under similar conditions.