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additional instructions or provisions relating to the specific Services authorized that does <br />not conflict with the terms of this Agreement. <br />1.3 Additional services not contained in the Exhibits which would increase, <br />decrease or which are otherwise outside the scope of Services or level of effort <br />contemplated by the Exhibits shall be Services for which the Consultant must obtain the <br />prior written approval of the COUNTY as provided by this Agreement. All terms for the <br />performance of such Services must be agreed upon in a written document prior to any <br />deviation from the terms of the Agreement, and when properly authorized and executed <br />by both the Consultant and the COUNTY shall become an amendment to the <br />Agreement. <br />1.4 The Background Recitals are true and correct and form a material part of <br />this Agreement. <br />2. COUNTY OBLIGATIONS. <br />2.1 The COUNTY will provide the Consultant with a copy of any preliminary <br />data or reports available as required in connection with the work to be performed under <br />this Agreement, together with all available drawings, surveys, right-of-way maps, and <br />other documents in the possession of the COUNTY pertinent to the Project. The <br />Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is <br />responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, <br />material inconsistencies or errors in such data that come to the Consultant's attention. <br />2.2 The COUNTY shall arrange for access to, and make provisions for the <br />Consultant to enter upon, public and private property (where required) as necessary for <br />the Consultant to perform its Services, upon the timely written request of Consultant to <br />COUNTY. <br />2.3 The COUNTY shall promptly execute all permit applications necessary to <br />the Project. <br />2.4 The COUNTY shall examine any and all studies, reports, sketches, <br />drawings, specifications, proposals and other documents presented by the Consultant, <br />and render, 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 <br />not limited to drawings, design specifications, written reports, or any work products of <br />any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant <br />of responsibility for the technical accuracy and adequacy of the work. Neither the <br />COUNTY's review, approval or acceptance of, or payment for, any of the Services <br />furnished under this Agreement shall be construed to operate as a waiver of any rights <br />under this Agreement or of any cause of action arising out of the performance of this <br />Agreement. The Consultant shall be and remain liable in accordance with all applicable <br />Page 2 of 12 <br />F:\PublicWorks\ENGINEERING DIVISION PROJECTS\1722 45th Street Resurfacing (58th Ave to 43rd Ave)\1-Admin\Agenda <br />Items\Award of RFQ 2018012\Agreement.doc <br />