RESPONSIBILITY OF CONSULTANT Sample Clauses
The "Responsibility of Consultant" clause defines the duties and obligations that the consultant must fulfill under the agreement. Typically, this includes delivering services with a certain standard of care, adhering to project timelines, and complying with relevant laws or client instructions. For example, the consultant may be required to provide regular progress reports or ensure that their work meets specified quality benchmarks. This clause ensures that both parties have a clear understanding of the consultant's role and performance expectations, thereby reducing the risk of disputes over service quality or scope.
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RESPONSIBILITY OF CONSULTANT. In addition to any other responsibilities of Consultant set forth in this Agreement, Consultant shall have the following responsibilities:
A. The Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and coordination of all services furnished by the Consultant, by Consultant’s Subconsultants, and by any of the principals, officers, employees and agents of Consultant or any Subconsultant under this Agreement. In performing these services, Consultant shall follow practices consistent with generally accepted professional engineering standards of care. The Consultant shall, without additional compensation, promptly correct and revise any errors or deficiencies in its design, drawings, specifications, reports and other services, or in any portion of the Project performed by Consultant’s Subconsultants. Approval by the City of any products or services furnished by Consultant shall not in any way relieve the Consultant of responsibility for the professional and technical accuracy of its services.
B. Consultant shall assign ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PE, whose Professional Engineer license number is 023615 as the Principal-in-Charge (“Principal-in-Charge”), and ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, PE whose Professional Engineer license number is 023623 as the Project Manager (“Project Manager”). All of the services specified by this Agreement shall be performed by the Project Manager, or by Consultant’s associates, employees and Subconsultants under the personal supervision of the Project Manager. Should the Principal-in-Charge or the Project Manager be unable to complete his or her responsibility for any reason, the Consultant shall notify the City in writing, and within four (4) calendar days thereafter, nominate a replacement for City approval, in its reasonable discretion, who has an equivalent amount of experience performing the same type of services as required for the Project. An approved replacement shall be assigned to the Project within ten (10) calendar days.
C. In accordance with NRS 338.140, the Consultant shall not produce a design and/or specification for the Project which would limit the bidding, directly or indirectly, to any one specific concern unless a unique or novel product application is required to be used in the public interest, or only one brand or trade name is known to the City. The City shall be notified of and must pre-approve any sole source proposals.
D. Consultant and any Subconsultant shall furnish City with ...
RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Consultant, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Consultant or of any subcontractor.
RESPONSIBILITY OF CONSULTANT. (i) Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by Consultant under the WOC, and all of the foregoing shall also be in accordance with Consultant’s approved Quality Plan. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other Services.
(ii) Agency’s review, approval or acceptance of, or payment for, the Services required under the WOC shall not be construed to operate as a waiver of any rights under the WOC or of any cause of action arising out of the performance of the WOC, and Consultant shall be and remain liable to Agency in accordance with applicable law for all damages to Agency caused by Consultant’s negligent performance of any of the Services furnished under the WOC or negligent failure to perform any of the Services under the WOC.
(iii) The rights and remedies of Agency provided for under the WOC are in addition to any other rights and remedies provided by law.
(iv) If Consultant is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under the WOC.
RESPONSIBILITY OF CONSULTANT. CONSULTANT shall report immediately to DISTRICT any instruction which CONSULTANT believes is contrary to the Contract Documents or will adversely affect the Services. DISTRICT has no obligations to CONSULTANT to discourage, indemnify from, or defend against claims of Contractor(s) or any subcontractors based upon any of the foregoing except when it is the sole fault of the DISTRICT.
RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under the AGREEMENT.
RESPONSIBILITY OF CONSULTANT. (i) Consultant shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other Services furnished by Consultant under the Contract. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications and other Services.
(ii) Agency’s review, approval or acceptance of, or payment for, the Services required under the Contract shall not be construed to operate as a waiver of any rights under the Contract or of any cause of action arising out of the performance of the Contract, and Consultant shall be and remain liable to Agency in accordance with applicable law for all damages to Agency caused by Consultant’s negligent performance of any of the Services furnished under the Contract or negligent failure to perform any of the Services under the Contract.
(iii) The rights and remedies of Agency provided for under the Contract are in addition to any other rights and remedies provided by law.
(iv) If Consultant is comprised of more than one legal entity (for example, a joint-venture or partnership), each such entity shall be jointly and severally liable under the Contract.
RESPONSIBILITY OF CONSULTANT. By executing this Agreement, Consultant warrants to City that Consultant possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the professional services under this Agreement. In procuring the professional services of others to assist Consultant in performing the professional services set forth at EXHIBIT B or additional professional services under SECTION 3 of this Agreement, Consultant shall not employ or otherwise obtain the professional services of any person or entity known to Consultant or City to have, or be likely to develop during the term of this Agreement, an interest that is personally, or professionally, or financially adverse to any interest of City. Consultant will follow the best current, generally accepted professional practices in performing tests and procedures, making findings, rendering opinions, preparing factual presentations and providing professional advice and recommendations regarding professional services rendered under this Agreement.
RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards practiced by members of the same profession currently practicing under similar circumstances and the requirements of the COUNTY.
RESPONSIBILITY OF CONSULTANT. CONSULTANT, its employees, and its approved subcontractors must be responsible in the performance of the services under this Agreement for exercising the degree of skill and care required by customarily accepted good professional subcontracting and technical practices and procedures, including the skills and experience related to right of way work. If services performed by CONSULTANT, its employees, personnel, and subcontractors fail to meet the standards LOCAL AUTHORITY and DEPARTMENT may elect to have CONSULTANT correct or cause to be corrected any of the services of CONSULTANT, its employees, or subcontractors which fail to meet such standards where (i) such failure appears during the performance of CONSULTANT’s services or within one (1) year from the date of completion of CONSULTANT’s service, and (ii) LOCAL AUTHORITY and
RESPONSIBILITY OF CONSULTANT. CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of the services furnished by it under this Agreement. Neither CITY’s review, acceptance nor payment for any of the services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT’s negligent performance of any of the services furnished under this Agreement. Any acceptance by CITY of plans, specifications, calculations, construction contract documents, reports, diagrams, maps and other material prepared by CONSULTANT shall not, in any respect, absolve CONSULTANT for the responsibility CONSULTANT has in accordance with customary standards of good engineering practice in compliance with applicable Federal, State, County and/or municipal laws, ordinances, regulations, rules and orders.