12/29/2020 10:58:13 AM
4/23/2018 2:21:32 PM
Official Document Type
Agenda Item Number
MBV Engineering, Inc.
Continuing Contract Agreement for Continuing Engineering Services
Utility Minor and Roadway, Traffic, Transportation Engineering
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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 <br />limited to 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 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 <br />specific Services in connection with any Work Order. The Project Managershall: <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 />2.8 The CONSULTANT shall not be considered in default for a failure to perform if such <br />failure arises out of causes reasonably beyond the CONSULTANT's control and through no <br />fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather <br />conditions, acts of God, or other unforeseen circumstances of a similar nature, may <br />necessitate modifications to this Agreement. If such conditions and circumstances do in fact <br />occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the <br />modifications to be made to this Agreement. <br />3. RESPONSIBILITIES OF THE CONSULTANT <br />3.1 The CONSULTANT agrees to perform all necessary Services in connection with the <br />assigned Project(s) as set forth in the Work Orders andin this Agreement. <br />3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any <br />Project. Before execution of a Work Order, the CONSULTANT shall consult with the <br />COUNTY to clarify and define the COUNTY's-requirements for the Project. <br />
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