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2011-182
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2011-182
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Last modified
2/16/2016 11:17:10 AM
Creation date
10/1/2015 2:46:35 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/16/2011
Control Number
2011-182
Agenda Item Number
15.A.1
Entity Name
Barth Construction Agreement
Subject
Renovation and Construction Fire Rescue Stations
Project Number
RFQ 2011036
Supplemental fields
SmeadsoftID
10101
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Design/Builder, and render in writing, decisions pertaining thereto within <br /> a reasonable time . <br /> 2 . 5 Approval by the COUNTY of any of the Design/Builder ' s work, including <br /> but not limited to drawings , design specifications , written reports, or any <br /> work products of any nature whatsoever furnished hereunder, shall not in <br /> any way relieve the Design/Builder of responsibility for the technical <br /> accuracy and adequacy of the work. Neither the COUNTY ' s review, <br /> approval or acceptance of, or payment for, any of the Services furnished <br /> under this agreement shall be construed to operate as a waiver of any <br /> rights under this Agreement or of any cause of action arising out of the <br /> performance of this Agreement . The Design/Builder shall be and remain <br /> liable in accordance with all applicable laws for all damages to the <br /> COUNTY caused by the negligent performance by, the Design/Builder of <br /> any of the Services furnished under this Agreement . <br /> 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers <br /> for the specific Services in connection with any Contract or Work Order. <br /> The Project Manager shall : (a) act as the COUNTY ' s agent with respect to <br /> the Services rendered hereunder; (b) transmit instructions to and receive <br /> information from the Design/Builder; (c) communicate the COUNTY ' s <br /> policies and decisions to the . Design/Builder regarding the Services ; and <br /> (d) determine , initially, whether the Design/Builder is fulfilling its duties , <br /> responsibilities , and obligations hereunder. <br /> 2 . 7 The COUNTY shall give prompt written notice to the Design/Builder <br /> whenever the COUNTY observes or otherwise becomes aware of any <br /> development that affects the timing or delivery of the Design/Builder ' s <br /> Services . If the Design/Builder has been delayed in completing its <br /> Services through no fault or negligence of the Design/Builder and, as a <br /> result, will be unable to perform fully and satisfactorily under the <br /> provisions of this Agreement, then the Design/Builder shall promptly <br /> notify the Project Manager. In the COUNTY ' s sole discretion, and upon <br /> the submission to the COUNTY of evidence of the causes of the delay, the <br /> Contract or Work Order shall be modified in writing as set forth in this <br /> Agreement, subject to the COUNTY ' s rights to change , terminate , or stop <br /> any or all of the Services at any time in accordance with this Agreement . <br /> 2 . 8 The Design/Builder shall not be considered in default for a failure to <br /> perform if such failure arises out I of causes reasonably beyond the <br /> Design/Builder ' s control and through no fault or negligence of the <br /> Design/Builder. The parties acknowledge that adverse weather conditions , <br /> acts of God, or other unforeseen circumstances of a similar nature , may <br /> necessitate modifications to this Agreement . If such conditions and <br /> circumstances do in fact occur, then the COUNTY and Design/Builder <br />
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