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

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession; B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section 1090 and the Political Reform Act (Government Code section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s 's profession; B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section Section 1090 and the Political Reform Act (Government Code section Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT’s 's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. All of CONSULTANT’s 's employees and agents (including but not limited subcontractors and subconsultantssub-consultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s 's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s 's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s 's employees, agents, contractors, subcontractors and subconsultantssub-consultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s 's acceptance of any work performed by CONSULTANT or on CONSULTANT’s 's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s 's profession.

Standard of Care; Performance of Employees. CONSULTANT CONTRACTOR represents, acknowledges and agrees to the following: A. CONSULTANT CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONSULTANTCONTRACTOR’s profession; B. CONSULTANT CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITYDISTRICT; C. CONSULTANT CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section Section 1090 and the Political Reform Act (Government Code section Section 81000 et seq.); D. CONSULTANT CONTRACTOR understands the nature and scope Scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANTCONTRACTOR’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANTCONTRACTOR; and, F. All of CONSULTANTCONTRACTOR’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY DISTRICT for copying and inspection. The Parties acknowledge and agree that CONSULTANT CONTRACTOR shall perform, at CONSULTANTCONTRACTOR’s own cost and expense and without any reimbursement from CITYDISTRICT, any services necessary to correct any errors or omissions caused by CONSULTANTCONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANTCONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY DISTRICT Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITYDISTRICT’s acceptance of any work performed by CONSULTANT CONTRACTOR or on CONSULTANTCONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY DISTRICT has relied upon the foregoing representations of CONSULTANTCONTRACTOR, including but not limited to the representation that CONSULTANT CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANTCONTRACTOR’s profession.

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the sole opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative; C. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. D. CONSULTANT shall comply with all applicable federal, state and local laws and regulations.CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, including the conflict of interest provisions of Government Code section 1090 rules and the Political Reform Act (Government Code section 81000 et seq.)regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; D. E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. G. All of CONSULTANT’s employees and agents (including including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall will be commenced immediately upon their discovery by either Party and shall will be completed within seven (7) calendars calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives Representative in writing and in their her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall does not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges acknowledges, and agrees to the following: A. CONSULTANT shall will perform all Work skillfully, competently consistent with and adhering to its professional standard of care, that is, the highest standards degree of CONSULTANT’s professioncare and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative; C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY; C. D. CONSULTANT shall will comply with all applicable federal, state state, and local laws and regulations, including the conflict of interest provisions of Government Code section §1090 and the Political Reform Act (Government Code section §§81000 et seq.)) CONSULTANT shall be liable for all violations of such laws and regulations in connection CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; D. E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training training, and experience to perform those services and tasks assigned to them by CONSULTANT; and F. G. All of CONSULTANT’s employees and agents (including including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications qualifications, and approvals shall will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall will be commenced immediately upon their discovery by either Party and shall and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives City Representative in writing and in their her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge knowledge, and experience necessary to perform the Work skillfully, competently and to under the highest standards standard of CONSULTANT’s professioncare as articulated under section 2.4(A).

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession; B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section Section 1090 and the Political Reform Act (Government Code section Section 81000 et seq.); D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

Standard of Care; Performance of Employees. CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT shall will perform all Work skillfully, competently and to the highest general standards of CONSULTANT’s profession; B. CONSULTANT shall will perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT shall will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section Section 1090 and the Political Reform Act (Government Code section Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. All of CONSULTANT’s employees and agents (including including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT shall will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall will be commenced immediately upon their discovery by either Party and shall will be completed within seven (7) calendars calendar days from the date of discovery or such other extended period of time authorized by the CITY Representatives Representative in writing and in their his/her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf shall will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest general standards of CONSULTANT’s profession.

Standard of Care; Performance of Employees. CONSULTANT CONTRACTOR represents, acknowledges and agrees to the following: A. CONSULTANT CONTRACTOR shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession; B. CONSULTANT CONTRACTOR shall perform all Work in a manner reasonably satisfactory to the CITY; C. CONSULTANT CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code section Section 1090 and the Political Reform Act (Government Code section Section 81000 et seq.); D. CONSULTANT CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; E. All of CONSULTANTCONTRACTOR’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and F. All of CONSULTANTCONTRACTOR’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT CONTRACTOR shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT CONTRACTOR or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.