Common use of Standard of Care; Performance of Employees Clause in Contracts

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors sub- consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required a business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Contractor’s Consultant's failure to comply with the standard of care provided for herein. , and shall be fully responsible to District for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions.. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Contractor’s 's failure to comply with the standard of care provided for herein. , and shall be fully responsible to District for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions.. Any employee of the Contractor or its sub-contractors subcontractors who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the DistrictCity, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors Contractors who is determined by the District City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictCity, shall be promptly removed from the Project by the Contractor and shall not be re-employed reemployed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictWRCOG, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWRCOG, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors sub- contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-contractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictWCE, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors sub- consultants who is determined by the District WCE to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWCE, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services the Project under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the ServicesProject. Contractor Consultant warrants that all employees and subcontractors sub- contractors shall have sufficient skill and experience to perform the Services elements of the Project assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business licenseProject, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictSDCP, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors subcontractors who is determined by the District SDCP to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services Project in a manner acceptable to the DistrictSDCP, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services Project or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictSDCP, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District SDCP to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictSDCP, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictWRCOG, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors subcontractors who is determined by the District WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWRCOG, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants Consultant agrees that all employees and subcontractors subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business licensea City Business License, and that such licenses and approvals shall be maintained throughout the term Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictCity, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its RFP No. 23-023AS Page 2 Radio Road At-Grade Railway Crossing Safety Improvements – Preliminary Design DocuSign Envelope ID: 429D37A6-AF70-4263-90F9-7D0031C35A84 sub-contractors consultants who is determined by the District City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictCity, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors sub- contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-contractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictWRCOG, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors sub- consultants who is determined by the District WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWRCOG, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors sub-consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required a business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Contractor’s Consultant's failure to comply with the standard of care provided for herein. , and shall be fully responsible to District for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Consultant’s errors and omissions.. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed re‑employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors sub- contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-contractors have all licenses, permits, qualifications qualifications, and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense expense, and without reimbursement from the DistrictWRCOG, SANBAG, and/or CVAG for any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWRCOG, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Instructor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Californiadiscipline. Contractor Instructor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Instructor warrants that all employees and subcontractors volunteers (if required) shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Instructor represents that it, its employees and subcontractors volunteers have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Instructor shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the ContractorInstructor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Instructor or its sub-contractors instructors who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the ProjectServices, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project Services by the Contractor Instructor and shall not be re-employed to perform any of the Services or to work on the ProjectServices.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, Services and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor bythe Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors sub-contractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the DistrictWCE, any services necessary to correct errors or omissions which are caused by the ContractorConsultant’s failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors subconsultants who is determined by the District WCE to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the DistrictWCE, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Standard of Care; Performance of Employees. Contractor Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor Consultant warrants that all employees and subcontractors subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor Consultant represents that it, its employees and subcontractors subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor Consultant shall perform, at its own cost and expense and without reimbursement from the District, any services necessary to correct errors or omissions which are caused by the Contractor’s Consultant's failure to comply with the standard of care provided for herein. Any employee of the Contractor Consultant or its sub-contractors consultants who is determined by the District to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the District, shall be promptly removed from the Project by the Contractor Consultant and shall not be re-employed to perform any of the Services or to work on the Project.