Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality. B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager. D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor. G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement. H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except
Appears in 6 contracts
Sources: Professional Services, Professional Services, Professional Services
Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing with extensive experience with projects similar to the Project under similar conditions and circumstances at the same time and in a similar the same locality. Except as otherwise set forth in this Agreement, Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner.
D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreementcompensation.
F. City There is no Paragraph F.
G. Engineer shall make decisions and carry out its other responsibilities not be required to sign any documents, no matter by whom requested, that would result in a timely manner so as the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to unreasonably delay make resolution of any dispute with the services Engineer or payment of Contractorany amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
G. ▇. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions.
I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.
J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents, other than any Consultants selected by Engineer. However, Engineer shall assist and represent the Owner upon its request to ensure the Contractor’s compliance with construction and performance standards.
H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.
Appears in 2 contracts
Sources: Construction Engineering Agreement, Construction Engineering Agreement
Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner.
D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractorcompensation.
G. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
▇. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions.
I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.
J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. However, Engineer shall assist and represent the Village upon its request to ensure the contractor’s compliance with construction and performance standards.
H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.
Appears in 2 contracts
Sources: Engineering Agreement, Engineering Agreement
Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor Engineer under this Agreement will be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Engineer’s services. Contractor Engineer shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Engineer may employ such Contractor’s consultants Consultants as Contractor Engineer deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required , subject to employ any Contractor consultant unacceptable to Contractor; howeverreasonable, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted timely, and substantive objections by the City Manager or by any duly authorized agent of the City ManagerOwner.
D. Contractor Subject to the standard of care set forth in paragraph 6.01.A, Engineer and City its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
E. Engineer and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeEngineer’s scope of services, scheduletimes of performance, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractorcompensation.
G. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner North Side Infrastructure Rehabilitation 21-R0391 ▇▇▇▇▇▇▇▇ Engineering, Ltd. & Village of Itasca agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents.
▇. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (No. C-700, 2002 Edition) unless both parties mutually agree to use other General Conditions.
I. Engineer shall not supervise, direct, or have control over Contractor’s work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.
J. Engineer neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents. However, Engineer shall assist and represent the Village upon its request to ensure the contractor’s compliance with construction and performance standards.
H. Contractor K. Engineer shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptfor any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Engineer.
Appears in 2 contracts
Sources: Engineering Agreement, Engineering Agreement
Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of Contractor’s ENGINEER’S profession practicing under similar conditions and circumstances at the same time and in a similar the same locality.
B. Contractor ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City CITY shall not be responsible for discovering deficiencies therein. Contractor ENGINEER shall correct such deficiencies without additional compensation, compensation except to the extent such action is directly attributable to deficiencies in CityCITY-furnished information.
C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as CITY’S prime professional for the Project. ENGINEER may employ such Contractor’s consultants ENGINEER’S Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER’S Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER.
D. Contractor ENGINEER and City CITY shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsCITY-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to City’s CITY’S responsibilities or to the scopeENGINEER’S scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation.
E. City CITY shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, data and other information furnished by City CITY to Contractor ENGINEER pursuant to the Agreementthis agreement. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City CITY shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, subcontractor or supplier, or of any of the contractor’s Contractor's agents or employees or any other persons (exceptexcept ENGINEER’S own employees) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by CITY without consultation and advice of ENGINEER.
Appears in 1 contract
Sources: Engineering Services Agreement
Standards of Performance. A. The standard 16.1 Standard of care for Care In addition to the requirements set forth in Article 7.8 regarding errors and /or omissions, ARCHITECT shall perform all professional services and related services performed or furnished by Contractor work under this Agreement pursuant to the requirements stated in this Agreement. The ARCHITECT will be the care perform all services and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and work in a similar locality.
B. Contractor shall be responsible for skillful and competent manner that is consistent with the technical accuracy of its standards generally recognized as being employed by professionals qualified to perform the services and documents resulting therefromwork in the same discipline in the State of California. The ARCHITECT shall provide the Construction Documents and shall review the construction and installation of the Work to meet the requirements of the Construction Documents. Neither review nor approval of ARCHITECT'S, and City its consultants', and/or sub-consultants work shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensationrelieve ARCHITECT, except its consultants, and/or its sub-consultants from first, their duty to adhere to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform standards and requirements of this Agreement, or furnish if silent herein, then, the applicable standards of professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist care in the performance of their duties. ARCHITECT will be fully responsible to the DISTRICT for any damages to the DISTRICT and delays to the Project as specified in Article 12 of this Agreement. Without limiting the foregoing, ARCHITECT shall be fully responsible to the DISTRICT for any increased costs incurred by the DISTRICT as a result of any such negligent delays in the design or furnishing construction of the servicesProject. The meaning ARCHITECT represents and maintains that it is skilled in the professional calling necessary to perform the services and work required by this Agreement. ARCHITECT warrants that all of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; howeverits employees, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable localARCHITECT’S, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, dataengineers, and other information furnished by City consultants and sub-consultants shall have sufficient skill and experience to Contractor pursuant perform the services and work assigned to the Agreementthem. Contractor may use such requirementsARCHITECT represents that it, reportsits employees, dataARCHITECT’S, engineers, and information other consultants and sub-consultants have all required licenses, permits, qualifications and approvals of whatever nature that are legally required for them to have to perform the services and work assigned to or rendered by them, and that such licenses and approvals shall be maintained in performing or furnishing services under good standing throughout the entire term of this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except
Appears in 1 contract
Sources: Architectural Services Agreement
Standards of Performance. A. The standard of care for all professional planning, surveying, architectural, engineering and related services performed or furnished by Contractor Design Professional under this Agreement will shall be the care and skill ordinarily used by members of Contractor’s the subject profession practicing under similar conditions and circumstances at the same time and in a similar the same locality.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City Owner shall not be responsible for discovering deficiencies thereinin the technical accuracy of Design Professional’s services. Contractor Design Professional shall correct any such deficiencies in technical accuracy without additional compensation, compensation except to the extent such corrective action is directly attributable to deficiencies in CityOwner-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor Design Professional may employ such Contractor’s consultants Subconsultants as Contractor Design Professional deems necessary to assist in the performance or furnishing of the services. The meaning Design Professional shall notify the Owner of all Subconsultants to be used on the Project. Design Professional shall employ no Subconsultants to which the Owner may have reasonable objections. Owner will notify Design Professional of its objections to any of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Managerplanned Subconsultants.
D. Contractor Subject to the standard of care set forth in Paragraph 6.01.A, Design Professional and City its Subconsultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.
E. Design Professional and Owner shall comply with all applicable local, state and federal Laws and Regulations or Standardsand Owner-mandated standards provided to Design Professional in writing and through documents related to this Project, including but not limited to the Request for Proposal documents, this Agreement and Exhibits. To the extent, if any, that apparent conflicts exist between the terms and conditions in the request for proposal documents and this Agreement, the parties acknowledge that this Agreement’s terms and conditions will control. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOwner’s responsibilities or to the scopeDesign Professional’s scope of services, scheduletimes of performance, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreementcompensation.
F. City Design Professional shall make decisions not be required to sign any documents, no matter by whom requested, that would result in the Design Professional having to certify, guarantee, or warrant the existence of conditions whose existence the Design Professional has not ascertained and carry out its other responsibilities in a timely manner so as is not part of the Design Professional’s scope of services. Owner agrees not to unreasonably delay make resolution of any dispute with the services Design Professional or payment of Contractorany amount due to the Design Professional in any way contingent upon the Design Professional signing any such documents.
G. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Unified Government of Athens-▇▇▇▇▇▇ County, latest revision at the time of bidding, unless both parties mutually agree to modify or use other General Conditions.
H. Design Professional shall not at any time supervise, direct, or have control over Contractor’s work, nor shall Design Professional have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.
I. Design Professional neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume contractor nor assumes responsibility for any such consultantcontractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents.
H. Contractor J. Design Professional shall not be responsible for the acts or omissions of any contractor(s)contractor, subcontractor, or supplier, or of any of the contractor’s their agents or employees or of any other persons (exceptexcept Design Professional’s own employees and its Subconsultants) at the Site or otherwise furnishing or performing any Work; or for any decision made on interpretations or clarifications of the Contract Documents given by Owner without consultation and advice of Design Professional.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Design Professional for Professional Services
Standards of Performance. A. The standard Architect/Engineer shall perform all Services required of care for all professional and related services performed or furnished by Contractor it under this the Agreement will be the with that degree of skill, care and skill ordinarily used diligence normally shown by members a professional architect or engineer performing services of Contractor’s profession practicing a scope, purpose and magnitude comparable with the nature of the services to be provided under similar conditions the Agreement. Architect/Engineer acknowledges that it is entrusted with, or has access to, valuable and circumstances confidential information and in a similar localityrecords of the Board. At all times, Architect/Engineer shall use its best efforts on behalf of the Board to assure timely and satisfactory rendering and completion of its services.
B. Contractor At all times Architect/Engineer shall act in the best interests of the Board consistent with its professional obligations assumed by it in entering into the Agreement. Architect/Engineer shall perform all services in accordance with the terms and conditions of the Agreement and to the reasonable satisfaction of the Board’s designated representative. Architect/Engineer covenants with the Board to furnish its best skill and judgment and to cooperate with the officials, employees and agents of the Board in furthering the Board's interests. Architect/Engineer shall furnish efficient business administration and supervision to render and complete the services at the agreed upon cost.
C. Architect/Engineer shall perform or cause to be performed all services required by the Agreement. Architect/Engineer shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals who are qualified and competent in the applicable discipline and appropriately licensed, if required by law. Architect/Engineer shall be responsible for the coordination of all drawings and specifications relating to Architect/Engineer’s design and used in a Project, regardless of whether or not such drawings and specifications are prepared by Architect/Engineer, by Architect/Engineer’s consultants, or by others. If preliminary or design development work has been performed by others, Architect/Engineer is nevertheless fully responsible for and accepts full responsibility for such earlier work when Architect/Engineer performs subsequent phases of the services called for under the Agreement, as fully as if the earlier work had been performed by Architect/Engineer. Architect/Engineer shall be responsible for coordination and internal checking of all drawings and for the accuracy of all dimensional, layout information and calculations contained therein, as fully as if each such drawings were prepared by Architect/Engineer. Architect/Engineer shall be responsible for the completeness and accuracy of all drawings and specifications submitted by or through Architect/Engineer and for their compliance with all applicable codes, ordinances, statutes, regulations, and laws. Drawings and specifications, or other Construction Documents submitted by Architect/Engineer to the Board or to any contractors for bidding or negotiation shall be complete and unambiguous and in compliance with all applicable codes, ordinances, statutes, regulations, and laws, except to the extent expressly and specifically otherwise stated in detail, in writing, by Architect/Engineer at the time of any submission. By submitting same, Architect/Engineer represents and warrants to the Board that Architect/Engineer has informed the Board of any tests, studies, analyses or reports which are necessary or advisable to be performed by or for the Board at that point in time. Architect/Engineer shall additionally confirm these facts in writing at such time, if the Board so requests. All deliverables shall be prepared in a form and content satisfactory to the Board’s representative and shall be delivered in a timely manner consistent with the requirements of the Agreement.
D. If Architect/Engineer fails to comply with these standards, Architect/Engineer shall perform again, at its own expense, all services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the services by the Board does not relieve Architect/Engineer of its responsibility for the professional and technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the servicesdeliverables. The meaning of foregoing provisions in no way limits the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; howeverBoard's rights against Architect/Engineer either under the Agreement, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager at law or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s servicesin equity.
E. City The Board may, after the Architect/Engineer commences work on a Project, restrict, modify or extend the duties, responsibilities and limitations of the Architect/Engineer. In that event, Architect/Engineer shall be responsible forcontinue to render the architectural services, as so restricted, modified, or extended, and Contractor may rely uponthe parties will negotiate in good faith to agree on an equitable adjustment of the Architect/Engineer’s Fee.
F. At any time during the Construction Phase and as often as requested by the Board, Architect/Engineer shall promptly supply the Board with progress prints. At all times, the accuracy Board shall have access to the files and completeness personnel of all requirementsArchitect/Engineer relating to a Project in order to answer questions the Board may have relating the Architect/Engineer’s performance on a Project.
G. Architect/Engineer shall advise the Board of any need or advisability of the Board’s obtaining any tests, programsanalyses, instructionsstudies, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish services in connection with the development of the design and perform the Work in accordance with this AgreementConstruction Documents for a Project.
H. Contractor The Board shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any measure Architect/Engineer’s performance of the contractor’s agents or employees or any other persons (exceptobligations and requirements in this Agreement by using the Evaluation Form that is attached and incorporated into this Agreement as Exhibit C.
Appears in 1 contract
Standards of Performance. A. The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of ContractorENGINEER’s profession practicing under similar conditions and circumstances at the same time and in a similar the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER’s services. Notwithstanding the preceding sentence, the parties hereto do not intend to diminish the standard of care set forth in the first sentence.
B. Contractor ENGINEER shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City OWNER shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as OWNER’s prime professional for the Project. ENGINEER may employ such ContractorENGINEER’s consultants Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER’s Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER.
D. Contractor ENGINEER and City OWNER shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsOWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to CityOWNER’s responsibilities or to the scopeENGINEER’s scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation.
E. City OWNER shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information possessed and furnished by City OWNER to Contractor ENGINEER pursuant to the this Agreement. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER.
G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language of any notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested.
H. ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in the ENGINEER’s having to certify, guarantee, or warrant the existence of conditions whose existence the ENGINEER cannot ascertain. OWNER agrees not to make resolution of any dispute with the ENGINEER or payment of any amount due to the ENGINEER in any way contingent upon the ENGINEER’s signing any such certification.
I. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor’s work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor’s work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work.
J. ENGINEER neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume nor assumes responsibility for any such consultantContractor’s failure to furnish and perform the Work in accordance with this Agreementthe Contract Documents.
H. Contractor K. ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, or supplier, or of any of the contractorContractor’s agents or employees or any other persons (exceptexcept ENGINEER’s own employees) at the Site or otherwise furnishing or performing any of the Contractor’s work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER.
L. The General Conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract” as prepared by the Engineers Joint Contract Documents Committee (Document No. C-700, 2002 Edition).
Appears in 1 contract
Sources: Professional Services
Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. Without limitation, Contractor shall comply with the requirements of Article 2, Chapter 64 (Verification of Work Authorization) of the North Carolina General Statutes relating to E-Verify. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except
Appears in 1 contract
Sources: Professional Services
Standards of Performance. A. (Modified) The standard of care for all professional engineering and related services performed or furnished by Contractor ENGINEER under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession persons performing the applicable disciplines, including, but not limited to, surveyors and professional engineers, practicing under similar conditions and circumstances at the same time and in a similar the same locality.
B. Contractor (Modified) ENGINEER and all professionals performing services under this Agreement shall be responsible for the technical accuracy of its their services and documents resulting therefrom, and City OWNER shall not be responsible for discovering deficiencies therein. Contractor ENGINEER shall correct such deficiencies without additional compensation, compensation except to the extent such action is directly attributable to deficiencies in CityOWNER-furnished information.information upon which ENGINEER is authorized to rely as provided in Section 6.01.E.
C. Contractor ENGINEER shall perform or furnish professional engineering and related services in all phases of the Project to which this Agreement applies. Contractor ENGINEER shall serve as OWNER's prime professional for the Project. Such professionals shall be appropriately licensed and/or registered to practice in the State of Texas. ENGINEER may employ such Contractor’s consultants ENGINEER's Consultants as Contractor ENGINEER deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor ENGINEER shall not be required to employ any Contractor consultant ENGINEER's Consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City ManagerENGINEER.
D. Contractor ENGINEER and City OWNER shall comply with all applicable local, state Laws or Regulations and federal Laws and Regulations or StandardsOWNER-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes made to these requirements subsequent to after the City’s issuance Effective Date of the Notice to Proceed this Agreement may be the basis for modifications to City’s OWNER's responsibilities or to the scopeENGINEER's scope of services, scheduletimes of performance, and compensation for Contractor’s servicesor compensation.
E. City (Modified) OWNER shall be responsible for, and Contractor ENGINEER may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City OWNER to Contractor ENGINEER pursuant to the this Agreement, unless expressly stated or communicated otherwise by OWNER. Contractor ENGINEER may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City OWNER shall make decisions and carry out its other responsibilities in a timely manner and shall bear all costs incident thereto so as not to unreasonably delay the services of ContractorENGINEER.
G. Prior to the commencement of the Construction Phase, OWNER shall notify ENGINEER of any variations from the language indicated in Exhibit E, "Notice of Acceptability of Work," or of any other notice or certification that ENGINEER will be requested to provide to OWNER or third parties in connection with the Project. OWNER and ENGINEER shall reach agreement on the terms of any such requested notice or certification, and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notices or certifications requested.
H. (Modified) ENGINEER shall not be required to sign any documents, no matter by whom requested, that would result in ENGINEER's having to certify, guarantee or warrant the existence of conditions whose existence ENGINEER cannot ascertain; provided, that ENGINEER has exercised due diligence and was not otherwise required to certify, guarantee or warrant the existence of such conditions.
I. During the Construction Phase, ENGINEER shall not supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, nor for any failure of Contractor shall guarantee to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work.
J. (Modified) ENGINEER neither guarantees the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume nor assumes responsibility for any such consultant’s Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. However, nothing contained in this paragraph shall be construed so as to absolve ENGINEER from liability for any such failure about which ENGINEER knew or should have known existed in the exercise of ENGINEER's services under this Agreement.
H. Contractor K. (Modified) ENGINEER shall not be responsible for the acts or omissions of any contractor(sContractor(s), subcontractor, subcontractor or supplier, or of any of the contractor’s Contractor's agents or employees or any other persons (exceptexcept ENGINEER's own employees and its consultants for which it is legally liable) at the Site or otherwise furnishing or performing any of the Contractor's work; or for any decision made on interpretations or clarifications of the Contract Documents given by OWNER without consultation and advice of ENGINEER.
L. (Modified) The General Conditions for any construction contract documents prepared hereunder are to be the Standard Form of Agreement between Owner and Contractor and as approved by OWNER in writing.
Appears in 1 contract
Sources: Standard Form of Agreement Between Owner and Engineer for Professional Services
Standards of Performance. A. 1.1.1 The standard Engineer will be responsible for the design, any preliminary engineering, and environmental services for the Project. The Project consists of providing environmental clearance, design and preparation of plans, specifications and estimate for the widening and reconstruction of Rudeloff Road from SH ▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇ in Seguin, Texas, as more fully set forth in the attached Exhibit “B,” “Services to be provided by Engineer.”
1.1.2 The performance of all services by the Engineer in connection with this Agreement will be by persons appropriately licensed or registered under State, local and Federal laws governing their respective consulting disciplines. In performing all services under this Agreement, the Engineer will use that degree of care and skill ordinarily exercised for all similar projects in the area by professional and related Engineers who possess special expertise in the types of services performed or furnished by Contractor involved under this Agreement.
1.1.3 No work under this Agreement will be subcontracted by the care Engineer without prior written approval from the City. Any work or services subcontracted under this Agreement will be specified by separate written Agreement and skill ordinarily used will be subject to each provision of this Agreement. Persons hired by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.
B. Contractor shall be responsible for the technical accuracy of Engineer or its services and documents resulting therefrom, and City subcontractors shall not be responsible for discovering deficiencies thereinemployees of or have any contractual interest with the City. Contractor shall correct such deficiencies without additional compensationThe subcontractors set forth in Exhibit D, except to attached hereto, are specifically approved by the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services 1.1.4 Any provisions in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent pertaining to the City’s issuance review, approval or acceptance of written materials prepared by the Notice to Proceed may be the basis for modifications to City’s responsibilities Engineer or to the scopeits subconsultants, schedulecontractors, and compensation subcontractors in connection with this Agreement will not diminish the Engineer’s responsibility for Contractor’s servicesthe services set forth herein.
E. 1.1.5 Engineer will perform all of its services in coordination with the City. The Engineer will advise the City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, data and information in performing or furnishing the Engineer needs to perform its services under and the Engineer will meet with City representatives at mutually convenient times to assemble this Agreementdata and information.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except
Appears in 1 contract
Sources: Professional Services
Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants subconsultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultantsubconsultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant subconsultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant subconsultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Prior to the Commencement Date, City provided to Contractor in writing any and all policies and procedures of City applicable to Contractor’s performance of services under this Agreement. Contractor shall comply with such policies and procedures, subject to the standard of care set forth in this Section 2 of the Agreement, and to the extent compliance is not inconsistent with professional practice requirements.
E. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. This Agreement is subject to all applicable Federal Rules and Regulations as identified in AC 150/5100-14E which can be found at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/airports/resources/advisory_circulars/index.cfm/go/document.current/document Number/150_5100-14. This Agreement is also subject to the Federal Contract Provisions for A/E Agreements which is attached as Exhibit “E“ and made a part hereof and can also be found at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/airports/central/aip/sponsor_guide/media/federal-provisions-attachment-for-ae- contracts.pdf. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services. Without limitation, Contractor shall comply with the requirements of Article 2, Chapter 64 (Verification of Work Authorization) of the North Carolina General Statutes relating to E-Verify. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.
E. F. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. G. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. H. Contractor shall guarantee the performance of any consultant subconsultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultantsubconsultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. I. Except as provided in Subsection 2(g), Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (exceptexcept Contractor’s own employees or consultants hired by or working directly for the Contractor) at the site or otherwise furnishing or performing any of the Contractor’s work; or for any decision made on interpretations or clarifications by the City of the Contract Documents when such interpretations or clarifications are given without the consultation and advice of Contractor.
Appears in 1 contract
Sources: Professional Services
Standards of Performance. A. The standard of care for all professional and related services performed or furnished by Contractor under this Agreement will be the care and skill ordinarily used by members of Contractor’s profession practicing under similar conditions and circumstances and in a similar locality.
B. Contractor shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contractor shall correct such deficiencies without additional compensation, except to the extent such action is directly attributable to deficiencies in City-furnished information.
C. Contractor shall perform or furnish professional and related services in all phases of the Project to which this Agreement applies. Contractor may employ such Contractor’s consultants as Contractor deems necessary to assist in the performance or furnishing of the services. The meaning of the term “consultant” shall include “subcontractor.” Contractor shall not be required to employ any Contractor consultant unacceptable to Contractor; however, the Contractor shall obtain the City’s written approval for each consultant selected. Such approval may be granted by the City Manager or by any duly authorized agent of the City Manager.
D. Contractor and City shall comply with all applicable local, state and federal Laws and Regulations or Standards. Changes made to these requirements subsequent to the City’s issuance of the Notice to Proceed may be the basis for modifications to City’s responsibilities or to the scope, schedule, and compensation for Contractor’s services.
E. City shall be responsible for, and Contractor may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by City to Contractor pursuant to the Agreement. Contractor may use such requirements, reports, data, and information in performing or furnishing services under this Agreement.
F. City shall make decisions and carry out its other responsibilities in a timely manner so as not to unreasonably delay the services of Contractor.
G. Contractor shall guarantee the performance of any consultant hired by, or otherwise relied upon by Contractor and shall assume responsibility for any such consultant’s failure to furnish and perform the Work in accordance with this Agreement.
H. Contractor shall not be responsible for the acts or omissions of any contractor(s), subcontractor, or supplier, or of any of the contractor’s agents or employees or any other persons (except
Appears in 1 contract
Sources: Professional Services Agreement