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2013-202
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Last modified
12/9/2015 9:54:56 AM
Creation date
10/1/2015 5:37:21 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
10/08/2013
Control Number
2013-202
Agenda Item Number
8.G.
Entity Name
Kimley-Horn and Associates
Subject
Environmental and Biological Services
Contract Agreement
Supplemental fields
SmeadsoftID
12335
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2 . 2 The COUNTY shall arrange for access to , and make provisions for the CONSULTANT to <br /> enter upon , public and private property (where required ) as necessary for the CONSULTANT <br /> to perform its Services , upon timely written request of CONSULTANT to COUNTY. <br /> 2 . 3 The COUNTY shall promptly execute all permit applications necessary to the Project. <br /> 2 . 4 The COUNTY shall examine any and all studies , reports , sketches , drawings , <br /> specifications , proposals and other documents presented by the CONSULTANT , and render, <br /> in writing , decisions pertaining thereto within a reasonable time . <br /> 2 . 5 Approval by the COUNTY of any of the CONSULTANT's work , including but not limited to <br /> drawings , design specifications , written reports , or any work products of any nature <br /> whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of <br /> responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's <br /> review, approval or acceptance of, or payment for, any of the Services furnished under this <br /> Agreement shall be construed to operate as a waiver of any rights under this Agreement or <br /> of any cause of action arising out of the performance of this Agreement. The CONSULTANT <br /> shall be and remain liable in accordance with all applicable laws for all damages to <br /> the <br /> COUNTY caused by the negligent performance by the CONSULTANT of any of the Services <br /> furnished under this Agreement. <br /> 2 . 6 The COUNTY reserves the right to appoint one or more Project Managers for the specific <br /> Services in connection with any Work Order. The Project Manager shall : <br /> (a ) act as the COUNTY's agent with respect to the Services rendered hereunder; ( b) transmit <br /> instructions to and receive information from the CONSULTANT ; (c) communicate the <br /> COUNTY's policies and decisions to the CONSULTANT regarding the Services ; and (d ) <br /> determine , initially, whether the CONSULTANT is fulfilling its duties , responsibilities , and <br /> obligations hereunder. <br /> 2 . 7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the <br /> COUNTY observes or otherwise becomes aware of any development that affects the timing <br /> or delivery of the CONSULTANT's Services . If the CONSULTANT has been delayed in <br /> completing its Services through no fault or negligence of either the CONSULTANT or any <br /> sub-consultant, and , as a result, will be unable to perform fully and satisfactorily under the <br /> provisions of this Agreement, then the CONSULTANT shall promptly notify the Project <br /> Manager. In the COUNTY's sole discretion , and upon the submission to the COUNTY of <br /> evidence of the causes of the delay, the Work Order shall be modified in writing as set forth <br /> in this Agreement, subject to the COUNTY'S rights to change , terminate , or stop any or all of <br /> the Services at any time in accordance with this Agreement. <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda <br /> items\CONTINUING CONTRACT AGREEMENT for ENVIRONMENTAL SERVICES KIMLEY HORN . doc P a g e 13 <br />
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