RESPONSIBILITY OF THE CONSULTANT. (a) The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its services. However, the STATE may in certain circumstances, provide compensation for such work.
RESPONSIBILITY OF THE CONSULTANT. (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor; and if none are expressly established in this Agreement, published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request; and, absent the foregoing, manuals and policies of the FAA, as published and in effect on the date of this Agreement.
RESPONSIBILITY OF THE CONSULTANT. 1.6.1 The Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services furnished by or through the Consultant under this Agreement. The Consultant shall, and without additional compensation, correct or revise or cause to be revised any errors or omissions in its Designs, Drawings, Specifications, Reports, Surveys, Change Orders and other services.
RESPONSIBILITY OF THE CONSULTANT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services.
RESPONSIBILITY OF THE CONSULTANT. (a) The Consultant shall: (i) possess the expertise, capability, equipment and personnel to perform properly and professionally the Services hereunder and (ii) be and remain properly and legally licensed to perform such Services.
RESPONSIBILITY OF THE CONSULTANT. In providing services under this Agreement, the CONSULTANT shall perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, inspections, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, upon written notice to the CONSULTANT and upon mutual agreement between the parties, without additional compensation, correct or revise any errors in its designs, inspections, drawings, specifications, and other services if the errors resulted, independently of all other causes, from negligence of the CONSULTANT. Neither the LOCAL PUBLIC AGENCY'S review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contact, and the CONSULTANT shall be and remain liable to the LOCAL PUBLIC AGENCY in accordance with applicable law for all damages to the LOCAL PUBLIC AGENCY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract. Any construction costs, legal fees and administrative costs incurred by the LOCAL PUBLIC AGENCY due to negligent performance or errors in design by the CONSULTANT shall be paid by the CONSULTANT.
RESPONSIBILITY OF THE CONSULTANT. 15.1. Neither the employees of the Consultant, or of its subcontractors, shall be deemed employees of the Owner for the purposes of this Agreement.
RESPONSIBILITY OF THE CONSULTANT. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services if the errors or deficiencies resulted, independently of all other causes, from negligence of the CONSULTANT. The CONSULTANT shall not be responsible for errors, omissions or deficiencies in the designs, drawings, specifications, reports or other services of the LOCAL PUBLIC AGENCY or other consultants, including, without limitation, surveyors and geotechnical engineers, who have been retained by LOCAL PUBLIC AGENCY. The CONSULTANT shall have no liability for errors or deficiencies in its designs, drawings, specifications and other services that were caused, or contributed to, by errors or deficiencies (unless such errors, omissions or deficiencies were known or should have been known by the CONSULTANT) in the designs, drawings, specifications and other services furnished by the LOCAL PUBLIC AGENCY, or other consultants retained by the LOCAL PUBLIC AGENCY.
RESPONSIBILITY OF THE CONSULTANT. Notwithstanding any review, approval, acceptance, or payment by the Owner, the Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the Consultant under this Agreement. The Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its designs, drawings, specifications, and other services. The Consultant shall demonstrate to the Owner the presence and implementation of quality assurance in the performance of the Consultant’s work. The Consultant shall identify individual(s) responsible, as well as methods used to determine the completeness and accuracy of drawings, specifications, and cost estimates. The Consultant further agrees that in its performance of work under this Agreement, it shall adhere to the requirements in the Design Standards of the AHTD and FHWA, which shall be incorporated herein by reference. The Owner shall have the right at any time and in its sole discretion to submit for review all or any portion of the Consultant’s work to consulting engineers engaged by the Owner for that purpose. The Consultant shall fully cooperate with any such review. The Consultant and any subcontractor shall employ qualified and competent personnel to perform the work under this Agreement. Neither the Owner’s review, approval, or acceptance of, nor payment for, 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. The Consultant shall be and remain liable to the Owner for all damages to the Owner caused by the Consultant’s negligent performance of any of the services furnished under this Agreement. The rights and remedies of the Owner provided under this Agreement are in addition to any other rights and remedies provided by law. If the Consultant is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.
RESPONSIBILITY OF THE CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by the CONSULTANT under this CONTRACT. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its services. However, the STATE may in certain circumstances, provide compensation for such work. Neither the STATE’s review, approval, or acceptance of, nor payment for, the services required under this CONTRACT shall be construed to operate as a waiver of any rights under this CONTRACT or of any case of action arising out of the performance of this CONTRACT, and the CONSULTANT shall be and remain liable to the STATE in accordance with applicable law for all damages to the STATE cause by the CONSULTANT’s negligent performance or breach of contract of any of the services furnished under the CONTRACT. The rights and remedies of the STATE provided for under this CONTRACT are in addition to any other rights and remedies provided by law. If the CONSULTANT is comprised of more than one legal entity or any group of partners or joint ventures associated for the purposes of undertaking this CONTRACT, each such entity acknowledges and hereby affirmatively represents and agrees that each has the power to bind the CONSULTANT and each of the others hereunder, and as such, each act both as principals and agent of the CONSULTANT and of each of the others hereunder. Each further acknowledges and agrees that all such entities, partners or joint ventures associated for the purposes of undertaking this CONTRACT shall be jointly and severally liable to third parties, including, but not limited to the STATE, for acts or omissions of the CONSULTANT, or any other entity, partner, or joint venture hereunder. If the CONSULTANT is comprised of more than one legal entity or any group of partners or joint ventures associated for the purposes of undertaking this CONTRACT, each such entity acknowledges and hereby affirmatively represents and agrees that the respective rights, duties, and liabilities of each hereunder shall be governed by the laws of the State of New York, including, but not limited to the New York Partnership Law.
